What rights do student protesters have in Kansas City? Here’s what Missouri laws say

A group of around 100 UMKC students staged a protest Monday in an outdoor amphitheater area at the center of the Kansas City campus.

The event was the latest in a nationwide wave of student demonstrations opposing Israel’s ongoing siege of the Gaza Strip, where nearly 35,000 people have been confirmed killed and over 1 million are facing what the U.N. classifies as “catastrophic” levels of food insecurity.

On many campuses, student protesters have faced arrest, academic suspension and other penalties for their protest encampments and other actions. The Associated Press says nearly 1,000 people have been arrested so far in connection to these demonstrations.

If you’re planning to join a protest, you have certain rights in Missouri — but there are also restrictions on how exactly you can demonstrate. Here’s what to know about the types of protest speech protected under state and federal law.

Is protesting on campus a crime?

In general, “the right of the people peaceably to assemble” is protected by the First Amendment to the U.S. Constitution. However, protesters may be arrested on other grounds, like trespassing, blocking traffic or resisting arrest.

Protesters in Missouri are allowed to demonstrate in public areas like parks or town squares, but they cannot block sidewalks or streets without a permit, according to the ACLU of Missouri.

Protests are also allowed on private property with the property owner’s permission. According to the Digital Media Law Project, there is no uniform standard for whether public university land is required to be treated as public or private property.

“If a school’s large open quad is accessed from public sidewalks and streets and freely used by the general public with no apparent objection from the school administration, then the quad may be considered ‘dedicated’ to public use, and therefore more like the traditional public forums of the public park and sidewalk,” the project states.

However, specific rules for university campus use vary between schools.

In Missouri, “refusal to disperse” is a class C misdemeanor under state law. However, this crime only comes into play at the scene of an “unlawful assembly” or a “riot.” State law defines rioting as a gathering of six or more people who agree to violate any law using force or violence.

According to the ACLU of Missouri, no police officer should order a crowd to disperse unless the crowd is an unlawful assembly or a riot. However, if you are given an order to disperse, you must obey it or risk arrest. Police can arrest those refusing to disperse even if they are not committing violent acts.

What are UMKC’s policies around protests on campus?

According to university policy, the school may place certain “reasonable” restrictions on protest activities provided they are clearly stated, applied equally to all groups, serve the needs of the school and allow for alternate forms of self-expression. This restrictions can include limiting the hours or locations in which protests can occur.

“Noncommercial expressive activity shall be permitted on outdoor areas of any campus of the University as long as such activity is not unlawful and does not materially and substantially disrupt the functioning of the institution,” university regulations state.

These regulations also prohibit campus buildings and grounds from being used as bedrooms or living rooms, potentially barring students from staying in tents on campus overnight.

Missouri state law explicitly gives university police officers at the University of Missouri the power to make arrests on campus.

“The university police officer may in addition expel from the public buildings, campuses and grounds, persons violating the rules and regulations that may be prescribed by the board (of curators),” the law states.

Punishments for violating campus rules can range in severity from warnings to being banned from campus to suspension or even expulsion.

City and state police officers may also enter university campuses to conduct arrests or monitor protest activities.

In what ways are Kansas City police allowed to control protests?

There are some Kansas City laws and police policies that were updated in the wake of the protests over George Floyd’s killing in 2020. Under those laws:

• You are allowed to record or witness police officers’ actions as long as you are not resisting, obstructing or impeding traffic.

• Police are not allowed to use less-lethal weapons like rubber bullets to disperse crowds under KCPD policy. They can still use chemical agents like tear gas in case of “an unlawful assembly.”

• Police are required to activate their body cameras during every interaction with the public.

Do you have more questions about protest rights in Missouri or Kansas? Ask the Service Journalism team at kcq@kcstar.com.