Michigan Attorney General Dana Nessel is shown following the State of the State address in 2024 at the state Capitol in Lansing. (AP photo)

LANSING — Monday, on the fourth anniversary of the Jan. 6, 2021 riot at the United States Capitol building, Michigan Attorney General Dana Nessel issued a letter to law enforcement across the state, outlining state and federal laws concerning protest and picketing actions and how they relate to the First Amendment of the U.S. Constitution.

“I anticipate that 2025 will be a year of increased exercise of these rights, and citizen protests are likely to play a large part of our national discourse,” Nessel said in a news release. “That is why I am issuing this legal guidance to support our law enforcement agencies and lawmakers in navigating situations where constitutionally protected speech may conflict with state laws and local ordinances designed to protect the public.”

The letter emphasizes the importance of ensuring that laws and regulations governing the exercise of free speech and other First Amendment rights are well understood by both law enforcement agencies and the public. It addresses key instances of protest and picket regulation, such as: campaign and protest activity around voting locations; protesting at private residences; protesting at public schools and universities; medical facilities; funeral and burial sites, and government facilities such as courthouses, jails, and police stations; and activities at the Michigan State Capitol.

“While we are issuing this guidance with an eye toward the most common or frequent incidents likely to be encountered by law enforcement officials, matters of First Amendment rights and government regulation of constitutionally protected speech are incredibly fact-dependent, and there is no one-size-fits-all-scenarios analysis,” Nessel said. “This guidance relies on the good judgment of law enforcement as well as prosecutors, to ensure that rights are protected on any side of a political protest.”

The letter also provides a list of common criminal charges levied against those involved in protests/picketing, these include: disturbing the peace, disorderly conduct, unlawful assembly, blocking traffic, trespassing, destroying property, threatening violence, committing violence, resisting law enforcement, obstructing law enforcement, and conspiracy. This list also includes the usual sentencing of aforementioned crimes, as well as what conditions must be met for the crime to increase in severity.

“When addressing concerns at a protest, every attempt at de-escalation and deterrence should be utilized first, with arrest as the last available option,” said Solicitor General for the Michigan Department of Attorney General, Ann M. Sherman in a memo to Nessel. “Law enforcement officers are provided great discretion in their interactions with citizens. In some cases, a brief conversation will be enough to ensure compliance with state and local laws.

“In other cases, removing someone from the property will suffice. The hope is that no one will behave in such a manner that warrants an arrest. However, if an arrest becomes necessary, a warrant is not required when a crime is committed in the officer’s presence or if there is reasonable cause to believe that a felony or misdemeanor punishable by more than 92 days in jail was committed.”

The letter aims to educate and spur conversations among the Department of Attorney General, law enforcement officials and local prosecutors. By proactively considering these protections, regulations, statutes and rights, the Attorney General seeks to ensure that constitutional rights and personal safety of all are robustly protected.

While her office will continue to manage ongoing prosecutions, including those stemming from the clearing of The Diag at the University of Michigan last spring, when students clashed with campus police at an encampment protesting Israel’s war on Gaza, Attorney General Nessel hopes the letter serves as a roadmap for local prosecutors to properly handle future protests.

“Moving forward, we expect local prosecutors to properly handle such incidences,” Nessel said.

The full memorandum can be viewed on the Department of Attorney General’s website at www.michigan.gov/ag.