Direct Action: Beyond Elections

GOVT2306: US and Texas Constitution and Politics

2025-11-02

Direct Action: A Citizen’s Toolkit

Understanding Your Rights in a Democracy

Today’s Roadmap

  • The First Amendment “Package”
    • Why it’s a toolkit, not just a list.
  • A Spectrum of Direct Action
    • From conventional to confrontational.
  • Case Study: The Texas Battleground
    • How these rights are being tested right here, right now.

The First Amendment “Package”

  • 🗣️ Freedom of Speech
    • The message. Your right to criticize, support, or propose an idea.
  • 📰 Freedom of the Press
    • The amplifier. Distributing Information.
  • 👥 Right of Assembly
    • The group power. Collective strength.
  • 🏛️ Right to Petition
    • The goal. Present problems seeking solutions

A Spectrum of Direct Action (1/5)

Organized Contact & Lobbying

  • What it is: Citizens organizing to contact legislators and officials with a specific “ask.”
  • Examples: Coordinated email campaigns, phone banks, student groups scheduling meetings at the Capitol in Austin.
  • 1A Connection: This is the most direct, modern form of the Right to Petition.

A Spectrum of Direct Action (2/5)

Protest & Marches

  • What it is: The classic form. A group gathers in a public space to show collective support or opposition.
  • Examples: Rallies in a public park, marches to City Hall, picket lines.
  • 1A Connection: This is a combination of the Right of Assembly and Freedom of Speech.

A Spectrum of Direct Action (3/5)

Citizen Journalism

  • What it is: Using modern technology to document and disseminate information about public events, acting as a check on power.
  • Examples: Live-tweeting a city council meeting, blogging an analysis of a new law, posting a video of a protest online.
  • 1A Connection: This is a pure exercise of the Freedom of the Press.

A Spectrum of Direct Action (4/5)

Filming the Police

  • What it is: A specific and crucial form of citizen journalism. Recording the on-duty actions of public officials to ensure accountability.
  • 1A Connection: This is a vital exercise of First Amendment rights.
  • Courts have repeatedly affirmed this is a clearly established right (combining Speech and Press).
  • You have this right as long as you are in a public place and not interfering with an officer’s lawful duties.

A Spectrum of Direct Action (5/5)

Civil Disobedience

  • What it is: The non-violent, public, and intentional breaking of a law to protest a greater injustice.
  • Examples: 1960s lunch counter sit-ins, a group of activists blocking a highway to protest climate policy.
  • 1A Connection: This is where First Amendment protection ENDS.

Risk vs. Reality

  • Organized Contact:
    • Low Risk. High Effort.
  • Protest:
    • Moderate Risk. Can be high-risk if it’s shut down or if counter-protestors arrive.

Risk vs. Reality (cont.)

  • Filming Police:
    • Legally: Low Risk (it’s a protected right).
    • Situationally: Can be high-risk of confrontation or arrest for “interference.”
  • Civil Disobedience:
    • Guaranteed High Risk. Arrest is the point.

Case Study: The Texas Battleground

These rights are not just history. They are being fought for and defined right now, in Texas.

  • Texas Constitution: Article 1, Sections 8 & 27 protect speech and assembly, just like the First Amendment.
  • The Courts: Where these rights are defined.
  • The Legislature: Where these rights are often challenged.

Texas Protections: Turner v. Driver (2017)

This is the case that matters for filming the police in Texas.

  • What: A man in Fort Worth, Philip Turner, was arrested for filming a police station from a public sidewalk.
  • The Ruling: The 5th Circuit Court of Appeals (our federal court) ruled in his favor.
  • The Precedent: The court explicitly affirmed a First Amendment right to record the police, calling it a “basic, vital, and well-established liberty.”

Texas Hot Topic: SB 2972 (Oct 2025)

This battleground is right here on your campus.

  • The Law: 2025 - SB 2972. One section: ban all “expressive activities” on college campuses between 10 p.m. and 8 a.m.
  • The Action: Student groups and civil liberties organizations challenged in court
  • The Ruling (Oct 2025): Just last month, a federal judge blocked that part of the law.
  • The Quote: “The First Amendment does not have a bedtime.” (David Alan Ezra, U.S. District Judge)

Your Voice is Your Power

  • The First Amendment is a toolkit, not just a list.
  • “Direct action” is a spectrum of engagement.
  • Understanding your rights is the first step to using them.

Questions?

Tom Hanna Lecturer & Ph.D. Candidate tlhanna@uh.edu | tomhanna.me

Authorship and License

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