ST. LOUIS — The American Civil Liberties Union and the ACLU of North Dakota filed an amicus, or “friend of the court,” brief Monday supporting protesters challenging the closure of a public road near the Standing Rock Reservation, arguing the road closure violated First Amendment protections, according to an ACLU press release.
In the amicus brief filed in Thunderhawk v. Morton County, the ACLU contends that public roads have served as protest sites throughout American history. The organization points to civil rights marches and anti-war demonstrations during the 1960s and 1970s, as well as more recent protests over abortion restrictions, rural health care access and police brutality. According to the ACLU, courts nationwide have recognized roads as traditional public forums open to assembly, debate and the free exchange of ideas.
“The government’s argument disregards our history of protest in the United States and misinterprets our fundamental First Amendment rights,” said Andrew Malone, a senior staff attorney for the ACLU of North Dakota, in the press release. “Our right to assemble and protest in the streets should never depend on the type of roadway chosen.”
Malone also said the U.S. Supreme Court has repeatedly upheld protesting in public streets as a “time-honored American right” and said it is “long overdue” for police, prosecutors and government officials to uphold that standard.
Vera Eidelman, a senior staff attorney with the ACLU’s Speech, Privacy and Technology Project, also argued in the press release that protesting on public roads “is as American as apple pie,” whether the road is a rural highway in North Dakota or a major street in New York City. Eidelman said streets remain one of the few places where people are forced to confront ideas they might otherwise ignore, which she said is why protections for protests on streets, sidewalks and in parks matter.
The underlying case traces back to the 2016 protests against construction of the Dakota Access Pipeline near the Standing Rock Sioux Reservation. According to the court opinion in Thunderhawk v. Morton County, Morton County officials closed a roughly 9-mile stretch of Highway 1806 — the main route connecting the reservation to Bismarck — for about five months during 2016 and 2017.
Court records show local officials kept the road closed for weeks after safety inspections were completed, saying it would reopen only after assurances were made that “no criminal activity” would take place. Thousands of Indigenous water protectors, environmental advocates and supporters gathered near the pipeline route, arguing that the project threatened tribal treaty rights, drinking water resources and culturally significant land.
The Standing Rock protests drew participants from across the country and brought national attention to disputes surrounding Indigenous rights, environmental concerns and protest protections. The demonstrations also raised broader concerns about the relationship between law enforcement responses and the constitutional rights of protesters.
The legal dispute in Thunderhawk v. Morton County focuses on whether government decisions about public road access can restrict demonstrators’ ability to gather and express political views in spaces traditionally used for public discourse.
The case centers on whether public roads, including rural highways, receive the same First Amendment protections traditionally applied to other public spaces. The ACLU’s press release notes that the case has been ongoing for nearly eight years through multiple rounds of dismissals and appeals.
Government attorneys have argued throughout the litigation that certain roads, including rural highways such as Highway 1806, do not receive the same First Amendment protections because of their location and function. The ACLU’s brief disputes that position, arguing rural roads can serve as essential spaces for public assembly and discussion of public issues.
The 8th U.S. Circuit Court of Appeals has not yet issued a decision. According to the ACLU, the outcome could influence how courts across the circuit evaluate the constitutional status of rural roads as public forums for future demonstrations.
To comment please go to one of these social media platforms:
Facebook: https://www.facebook.com/DavisVanguard
LinkedIn: https://www.linkedin.com/company/peoples-vanguard-of-davis-inc/
Instagram: https://www.instagram.com/davisvanguard/
X: https://x.com/davisvanguard
Bluesky: https://bsky.app/profile/vanguardnewsgroup.bsky.social
Subscribe to the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
