Henderson v. Texas

A group in Gainesville, Texas wanted a Confederate monument at the local courthouse removed. So like countless Americans have done before, they gathered and peacefully marched down the sidewalk in protest. Both before and during the march, the group worked with the police to ensure a peaceful protest. The police even allowed the marchers to briefly use the road to avoid a water hazard on the sidewalk.

Three days later, three of the protesters found themselves facing an arrest warrant for violating a Texas law that prohibits “obstructing a highway or passageway.” Even worse, they soon were convicted and sentenced to jail time and a hefty fine. 

This unjust result should shock anyone who cares about freedom of expression. Courts should protect Americans’ First Amendment right to peacefully protest—not jail them for it.

After the protesters appealed, FIRE filed “friend of court” briefs in the Texas appeals courts, urging those courts to reverse the protesters conviction and uphold the First Amendment right to collectively advocate for change. The Texas courts refused to reverse the convictions. But the protestors have taken their case to the Supreme Court–and FIRE is once again standing behind them and the First Amendment. 

As FIRE explained in its amicus brief to the Supreme Court, because First Amendment rights need breathing space to thrive, courts must guard against government officials distorting criminal laws to ensnare protected speech. As FIRE also points out, the Texas court was wrong to find the chant “Whose streets, our streets” could prove criminal intent, because that chant is protected political advocacy. As the Supreme Court made clear decades ago, states cannot turn political advocacy into a crime. Because the convictions squarely conflict with Supreme Court precedent, FIRE is urging the Supreme Court to summarily reverse the convictions.