Protester Rights & Protecting Free Speech

We believe that racial and economic justice in Mississippi requires building out and protecting a thriving democracy. Through our litigation, policy and advocacy work, we work to protect the rights guaranteed under the Constitution – including the right to free speech and assembly – so that Mississippians can organize and make their voices heard during protests and otherwise.  

Litigation: Selected Cases

JXN Undivided Coalition v. Tindell — We brought a successful preliminary challenge to a law (2023 SB 2343) that makes all events, including peaceful protests, on public sidewalks and streets next to state government buildings in Jackson – a majority Black city – illegal without prior written permission from the Mississippi Department of Public Safety Commissioner or Chief of the Capitol Police. The law was passed after waves of protests in Jackson against measures by the State of Mississippi to dilute or remove legal authority from majority-Black local government, elected officials, and residents. A federal judge granted our request for a preliminary injunction, blocking the prior restraint on speech indefinitely. The plaintiffs—JXN Undivided Coalition, Mississippi Votes, People’s Advocacy Institute, Mississippi Poor People’s Campaign, Black Votes Matter, and three local community organizers—were represented by MCJ and The MacArthur Justice Center.   

JFT v. Fitch — MCJ and its partners filed a lawsuit in the summer of 2025 and won a temporary restraining order, followed by a preliminary injunction challenging various free speech restrictions contained in a recently enacted Mississippi law designed to eliminate DEI (diversity, equity, and inclusion) from the state’s public colleges, universities, and K-12 schools. These include a provision prohibiting schools from teaching about the history and present-day reality of “issues of race, sex, color, gender identity, sexual orientation, or national origin.” The lawsuit also alleges that other provisions of the law are so vague and contradictory that students and teachers often do not know what they can and cannot talk about at school. The preliminary injunction prohibits school officials from enforcing the challenged provisions and from punishing teachers and students for talking about forbidden subjects.  The State has appealed the preliminary injunction but it remains in place while the appeal goes forward.

Insider, Inc. v. Rankin County Sheriff’s Department — We brought a successful lawsuit under Mississippi’s Public Records Act to require the Rankin County Sheriff’s Department produce incident reports of Mississippians who had died at the hands of Rankin County deputies or in their custody. The suit was brought on behalf of a journalist; members of the Goon Squad were involved in deaths she was investigating.  The plaintiff—Insider, Inc.—was represented by MCJ.  

Marshall Project v. MDOC & MTC — We represented the Marshall Project, a renowned investigative news organization focusing on criminal justice issues, in litigation over its effort to obtain records regarding operations of Mississippi’s private prison contractor. The court ordered the records to be disclosed.   

City of Petal v. Harris; City of Petal v. Ciobanu — We defended protesters against misdemeanor charges in the town of Petal, Mississippi relating to their public campaign in support of the movement for Black lives and an end to unjustified police killings.  

Protest Support — We provided legal observers in support of Black Lives Matter protesters in Mississippi in the months after the George Floyd killing and have done so ever since for several civil rights protests in Mississippi.  In addition to providing observers, we have successfully represented protesters challenging unconstitutional permitting schemes. We have also represented protesters who wrongly were arrested or faced excessive charges for protest activity. 

Barber v. Bryant — We challenged Mississippi’s anti-LGBT “religious freedom” law passed in 2016 and known as “House Bill 1523.”  We won an injunction against the law from the federal district court that remained in place for a year until it was overturned by the Fifth Circuit Court of Appeals.  The United States Supreme Court denied our petition for review. 

Big House Books v. Hall — Our suit challenging the practice of the South Mississippi Correctional Institution of prohibiting delivery of free non-religious books to inmates while allowing it for religious books was resolved when the prison abandoned this unconstitutional practice. 

Human Rights Defense Center v. Forrest County — Our suit against Forrest County, Mississippi and its Sheriff for restricting reading materials in the jail and refusing to allow prisoners to receive the HRDC’s publications, including the well-respected periodical Prison Legal News, was resolved by consent decree when the Sheriff agreed to a new policy that conforms to the First Amendment.

Program, Advocacy & Policy

  • Support the rights of protesters. We run a statewide Legal Observer and Civil Rights Protester Support program. If MCJ’s legal team approves a request by a civil rights group for Legal Observers, MCJ assigns and supervises MCJ Legal Observers at the approved protest. At such a protest, MCJ’s Legal Observers work for MCJ and under MCJ attorney supervision to gather information and documentation in the event that actions by the police or counter-protesters violate the rights of protesters. 
  • Support civil rights protesters through legal representation. We represent protesters in civil litigation who must sue the government to protect their free speech rights. MCJ may provide legal representation to civil rights protesters charged with protest-related crimes in violation of their civil rights. 
  • Provide technical assistance related to the Mississippi Public Records Act: In addition to litigating to enforce this law, we regularly assist individuals and community-based organizations in using the act to fight for Mississippians’ civil rights. 
  • Fight for a Public Hearing and Public Comment Period During Mississippi’s Legislative Sessions: We support Mississippians to ensure they can make their voices heard on important legislation through public hearings and comment periods. 
  • Provide real-time legal tracking, advocacy tools, and legislative analysis: Provide legal analysis and policy tracking re: protester rights, speech, and government transparency 

Resources

  • How can we help you? Fill out an Impact Campaign Contact Form to let us know.  
  • Support civil rights protesters. Learn about becoming a Legal Observer or having MCJ’s Legal Observer program support your protest. 
  • Make your voice heard at the ballot box! Use our Civic Engagement tools to get you and your community involved in elections and in holding elected officials accountable. 
  • Have you are others been mistreated by police? Use and share the MS COP WATCH form to tell us about police misconduct, roadblocks, and local cops working with ICE.