ACLU files amicus brief with federal appeals court over a road closed by law enforcement during DAPL protests

NORTH DAKOTA – The American Civil Liberties Union and the ACLU of North Dakota have filed an amicus brief with a federal appeals court challenging North Dakota law enforcement’s decision to close a public road in Morton County during Dakota Access Pipeline protests. The organizations argue courts have recognized roads are “quintessential traditional public forums and open for public assembly, debate, and the communication of ideas.” “The government’s argument disregards our history of protest in the United States and misinterprets our fundamental First Amendment rights. Our right to assemble and protest in the streets should never depend on the type of roadway chosen,” Senior staff attorney for the ACLU of North Dakota Andrew Malone said. “The Supreme Court has repeatedly affirmed that protesting in public streets is a time-honored American right.