Mississippi harms free speech by requiring state permits before protests, lawsuit says

According to a recently filed lawsuit, a new law in Mississippi will curtail free speech by compelling individuals to obtain permits from state law enforcement authorities for any demonstrations near key state government buildings in Jackson, the capital city. The lawsuit aims to prevent the mandate from taking effect on July 1.

The lawsuit, brought forth by the Mississippi Poor People’s Campaign and various other organizations, argues that the requirement for state government authorization infringes upon protected speech. Individuals who engage in peaceful protests without such authorization could face criminal charges and imprisonment, effectively stifling their constitutional right to free expression.

Filed on Thursday, the federal lawsuit targets the two individuals authorized to issue permits for protests and events within parts of Jackson, a city with a majority Black population. The defendants named are Sean Tindell, the Commissioner of the Mississippi Department of Public Safety, and Bo Luckey, the chief of the state-run Capitol Police department.

The legal action contends that these two white male officials would now possess veto power over protests that criticize their own expanded authority, as well as the actions of other state officials. The lawsuit has been filed by attorneys representing the Mississippi Center for Justice and the MacArthur Justice Center at the University of Mississippi School of Law.

The Big Big News reached out for comment from the Department of Public Safety on Monday, but no immediate response was received from either the agency or Capitol Police, which falls under its purview.

This recent lawsuit marks the third challenge against new Mississippi laws that enhance the state’s involvement in the courts and policing within Jackson. Critics argue that these laws, passed by a majority-white and Republican-controlled Legislature, aim to diminish local autonomy in Jackson and surrounding Hinds County, both governed by Democrats and with a majority Black population. Proponents of the laws contend that they seek to address and control violent crime.

In the past year, numerous protests have taken place near state government buildings in downtown Jackson, including demonstrations held in January, February, and March against legislation relating to courts and policing. Last fall, the Poor People’s Campaign organized events outside the Governor’s Mansion to protest the state’s perceived insufficient investment in Jackson’s struggling water system.

Currently, individuals planning protests or events in downtown Jackson are required to obtain permits issued by the city, which is consistent with procedures implemented in many other parts of the state. However, the lawsuit claims that protests or events in certain areas of Jackson will now necessitate permission from both the city and the state. Notably, protests or events near state government buildings elsewhere in Mississippi do not require state authorization.

One of the plaintiffs, JXN Undivided Coalition, emphasized that their members have long engaged in the cherished American tradition of peacefully assembling on public property to communicate their concerns to elected officials. These concerns include voting rights and self-determination for residents of Jackson. The coalition expressed disappointment with the state’s broad prohibition on speech near properties occupied by state officials without prior authorization.

Correction: This story has been updated to reflect that the lawsuit was filed on Thursday, not Friday.

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More about free speech restrictions

• Mississippi Poor People’s Campaign
• Mississippi Department of Public Safety
• MacArthur Justice Center at the University of Mississippi School of Law
• First Amendment Center: Freedom of Speech
• American Civil Liberties Union (ACLU)
• National Conference of State Legislatures: First Amendment Overview