An old friend has told me he feels obligated to protest loudly, and with others, if he believes the government is doing something wrong. He’s also told me he is not willing to be arrested while doing so.
His two desires, protesting and avoiding arrest, could at times present a challenge.
He, just like other U.S. citizens, has the right under the First Amendment to the Constitution to speak and assemble peacefully. Protest has been and continues to be part of American democracy. There is a long list of people who have marched, picketed, and demonstrated to challenge government policies as well as those who make them.
Does that mean we have the right to protest wherever we want? Federal law makes it a crime to picket or parade near the residence of a federal judge, including a Supreme Court justice, when the purpose is to influence the judge in the discharge of the judge’s duties or to interfere with the administration of justice. Violations can result in a fine, imprisonment of up to a year, or both. Not everyone protesting near a federal judge’s home will necessarily be arrested (intent behind the protest matters), but there’s a chance they could be.
Even if the protest is legal, is it always ethical?
In 2022, after months of early morning demonstrations outside Mayor Michelle Wu's home, Boston enacted an ordinance restricting demonstrations targeted at an individual's residence between 9 p.m. and 9 a.m.
The ordinance didn’t challenge people’s right to criticize the mayor. They remained free to do that. The ordinance addressed a different question: whether exercising that right should come at the expense of the mayor’s ability, and that of her family and neighbors, to live peacefully in their homes without being subjected to repeated, loud demonstrations.
On the first morning after the ordinance went into place, five people were fined $50 according to The Boston Globe, and several weeks later a protester was arrested after refusing to leave when police warned her she was violating the ordinance.
The mayor of Boston makes decisions affecting hundreds of thousands of residents. A Supreme Court justice makes decisions affecting millions. Citizens have every right to criticize those decisions. They can rally at City Hall or the Supreme Court, write letters, organize campaigns and demonstrate in public spaces. Laws and ordinances have been established to recognize that someone’s home is different from a city hall or courthouse.
I have no objection to my friend, or anyone else, who wants to protest something. I respect the willingness to stand up for something they believe. But protest can come with risks. People can conclude that breaking a law is justified in pursuit of a greater good and be willing to accept the consequences. Less defensible, I believe, is insisting on the right to protest without accepting the possible consequences of doing so.
When protesting, it’s best to know the law, understand the risks, and consider whether you’re respecting other people’s rights while exercising your own.
Doing the right thing isn't always about asking, "Am I allowed to do this?" Sometimes it's about asking the harder question: "Even if I can, should I?"
Jeffrey L. Seglin, author of The Simple Art of Business Etiquette: How to Rise to the Top by Playing Nice, is a senior lecturer in public policy and director of the communications program at Harvard's Kennedy School. He is also the administrator of www.jeffreyseglin.com, a blog focused on ethical issues.
Do you have ethical questions that you need to have answered? Send them to jeffreyseglin@gmail.com.
Follow him on Twitter @jseglin.
(c) 2026 JEFFREY L. SEGLIN. Distributed by TRIBUNE CONTENT AGENCY, LLC
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