Yes, it is legal to protest in Virginia. The right to free speech, peaceful assembly, and petitioning the government is protected by both the First Amendment of the U.S. Constitution and the Constitution of Virginia.
Section 12 of Virginia’s Bill of Rights explicitly guarantees that “the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments,” and that “the right of the people peaceably to assemble, and to petition the government for the redress of grievances” cannot be abridged.
While you have the right to protest, the government can impose reasonable regulations to protect public safety and order.
For example, you may need a permit for certain types of demonstrations—such as marches that block traffic or large rallies in public parks—but these regulations must be applied equally and cannot be used to suppress specific viewpoints.
Police and other officials are allowed to set rules about the time, place, and manner of protests, but these rules must be content-neutral and necessary for public safety.
Virginia law also defines certain actions as unlawful, such as riot, unlawful assembly, or obstructing free passage, and individuals who engage in such conduct may face criminal charges.
If you are lawfully protesting and police issue a dispersal order, you must be given a clear notice and a reasonable opportunity to leave before you can be arrested. You also retain the right to photograph or record in public spaces, provided you do not interfere with law enforcement or endanger public safety.
In summary, protesting is legal in Virginia, but you must comply with reasonable regulations and avoid actions that could be considered unlawful assembly or disorderly conduct. Always know your rights and responsibilities when exercising your freedom of speech and assembly.
Sources:
- https://law.lis.virginia.gov/constitution/article1/section12/
- https://www.aclu.org/know-your-rights/protesters-rights
- https://www.acluva.org/en/know-your-rights/know-your-rights-demonstrations-and-protests
- https://moorechristoff.com/practice-areas/criminal-defense/virginia-law-on-protest-and-unlawful-assembly/