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Home: Topics: Curfews:

Curfews are constitutional due to 1st Amendment exception
Please note any information on this site should not replace legal advice from a lawyer.

(11/24/98) We found an incredible curfew article that specifically points out that curfews are only constitutional if they allow people to exercise their First Amendment rights at any time. The courts routinely strike down city curfews but cities usually respond by amending them with a FIRST AMENDMENT EXCEPTION to make them constitutional.

For example, about 18 days after the 9th Circuit Court of the United States, which is one level below the Supreme Court, struck down the San Diego curfew, the San Diego Mayor revised it to include the First Amendment exception. About two weeks after the revision, we started to protest the law. Because we knew our rights, no one was arrested at any of the protests.

Please read the article so that you completely understand that you have the right to be out past curfew IF you exercise your First Amendment rights. You do not need to attend a political rally, you only need to express a political opinion. If you don't have one of our stickers, which have a political message, then write a political message on one of your T-shirts and use that as your constitutional shield.

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