Not all protest signs are protected free speech. What to know as ‘No Kings’ protests begin
If you’re planning to protest or counter-protest this weekend for “No Kings” Day, you might be thinking about your protest sign — what to say, how to say it and how bold you want the message to be.
But before you start painting cardboard or printing out a slogan, it’s worth asking: Can a protest sign be illegal? And are there limits to what I can write or display at a demonstration?
Here’s what the law says about what’s allowed — and what could land you in hot water.
What kind of speech is protected by the First Amendment?
Yes, you have free speech rights — but there are a few key exceptions that could make certain messages legally risky.
The First Amendment protects your right to express yourself — including through signs, banners, clothing, and symbolic acts — even if your message is controversial, offensive or sharply critical of government and law enforcement.
So yes, you can legally carry a sign that criticizes the president, police or elected officials. Political speech like that is at the heart of what the First Amendment was designed to protect.
But that protection has limits.
According to the ACLU of Texas and the Foundation for Individual Rights and Expression (FIRE), protest signs may lose First Amendment protection if they:
Incite imminent violence or law-breaking
Make a true threat of harm against a specific person or group
Contain obscene material
Defame someone with knowingly false and damaging statements.
Let’s break those down.
Incitement
If your sign encourages people to take immediate illegal action and it’s likely to cause that action — it may be considered incitement.
For example, a sign that says “March to the courthouse and burn it down today” during a tense protest could cross that line.
But criticizing capitalism, or calling for broad social change, even if it’s radical, is still protected, as long as it doesn’t direct people to break the law right then and there.
True Threats
It’s also illegal to make “true threats” — speech that communicates a real intent to cause harm to someone specific.
If your sign names a public official or private individual and calls for violence against them, that’s not protected.
The law looks at whether a reasonable person would interpret your words as a serious threat, not just exaggerated rhetoric.
Obscenity
Obscene speech — especially sexually explicit material — is also not protected under the First Amendment. But the legal standard for what qualifies as obscene is extremely high.
To be considered obscene, a sign must:
Appeal to sexual interests in a clearly offensive way,
Depict sexual conduct in a patently offensive manner, and
Lack serious artistic, political, or scientific value.
In short: Swearing or using graphic language is typically fine. But if your sign includes sexually explicit images or content designed solely to shock or offend, particularly if aimed at minors, it might cross the line into obscenity.
Defamation
Texas law allows strong criticism of public figures, including harsh or pointed messages, but not false claims that cause serious harm to someone’s reputation.
Libel is written defamation, including on protest signs.
Slander is spoken defamation.
If you knowingly write a false and damaging accusation about a private citizen on a protest sign — especially if it implies criminal behavior — you could face a lawsuit.
Combining speech with illegal acts
Even if your sign is perfectly legal, your actions while holding it still matter.
You can carry protest signs on public sidewalks, in parks and in other public spaces. But if you’re blocking traffic without a permit, trespassing on private property or refusing police orders, you can still be arrested — not for your message, but for the conduct.
Put another way: Your words might be protected, but your behavior can still be regulated.
This story was originally published June 13, 2025 at 3:05 PM.
