Policy Text
Page 1 of 7 - General Order 01-22 – (11/04/2024 )
PROTECTION OF FIRST AMENDMENT RIGHTS
RICHMOND POLICE DEPARTMENT
GENERAL ORDER
Subject: PROTECTION OF FIRST AMENDMENT
RIGHTS Chapter
1 Number
22 Pages
7
References: CALEA 1.2.4 , 1.2.5
1.2.9a
18.2- 405, 18.2- 406, 18.2- 408, 18.2-
411 Related Orders: General Orders 01 -01, 01 -
05, 03- 12, 07 -27 Operational Manuals 10- 01,
11-08 Effective Date: 11/4/2024
Revised By: New
If any provision of this General Order conflicts with any collective bargaining article,
the collective bargaining agreement shall govern.
Chief of Police:
I. PURPOSE
The purpose of this policy is to delineate the First Amendment rights of individual s and to
identify the proper procedures when police intervention is necessary and the limitations of
police intervention.
II. SUMMARY OF CHANGE
This is a new general order .
III. POLICY
It is the policy of the Richmond Police Department (RPD) to ensure that the First
Amendment rights guaranteed by the United States Constitution are protected for all individuals and to permit police involvement in the exercise of those rights only to the extent
necessary to provide for the legitimate needs of law enforcement in investigating criminal activity.
The First Amendment protects individual’s rights to free religion, speech, press, to peaceably
assemble and to petition the Government for a redress of grievances. These fundamental
rights extend to all i ndividuals in the United States regardless of race, color, religion, age,
sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression or any other characteristic protected by federal, state or local
laws. The Richmond Police Department does not profile, target, or discriminate against any
individual for exercising one’s First Amendment rights. The Department is committed to treating all who peacefully gather to express themselves with dignit y, fairness and respect,
while protecting their rights and providing equal protection under the law. The Department
recognizes its responsibility to balance First Amendment rights with public safety and
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PROTECTION OF FIRST AMENDMENT RIGHTS
prevention of breaches of the peace. If breaches of the peace occur, Richmond Police officers
will restore the peace and ensure the safety of our community.
[CALEA 1.2.9a]
IV. ACCOUNTABILITY STATEMENT
All employees are expected to fully comply with the guidelines a nd timelines set forth in
this general order. Failure to comply will result in appropriate corrective action.
Responsibility rests with the Division Commander to ensure that any violations of policy are
investigated and appropriate training, counseling and/or disciplinary action is initiated.
This directive is for internal use only and does not enlarge an employee’s civil liability in
any way. It should not be construed as the creation of a higher standard of safety or case in
an evidentiary sense, with respect to third party claims. Violation of this directive, if proven,
can only form the basis of a complaint by this Department and then only in a non- judicial
administrative setting.
V. DEFINITIONS
A. CIVIL DISTURBANCE – An unlawful assembly that constitutes a breach of the peace
or any assembly of persons where there is imminent danger of collective violence, destruction of property or other unlawful acts.
B. FIRST AMENDMENT AUDITOR – Individual (s) who film s inside public buildings
or in public spaces for the purpose of judging the proper (or improper) response of law
enforcement to the presence of someone recording, or at worst, trying to bait law enforcement into violating the subject’s constitutional rights.
C. LEGAL OBSERVER – Trained volunteers who support the legal rights of activists .
They provide basic legal guidance and are independent witnesses during protests.
D. MEDIA – Means of communication, such as radio , television, newspapers, magazines
and the internet, that reach a n audience of people .
E. UNLAWFUL ASSEMBLY – Whenever three or more persons assembled share the
common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to seriously jeopardize public safety,
peace or order, and the assembly actually ten ds to inspire persons of ordinary courage
with well- grounded fear of serious and immediate breaches of public safety, peace , or
order. VA Code §18.2- 406.
F. RIOT – Any unlawful use, by three or more persons acting together, of force or
violence that seriousl y jeopardizes the public safety. VA Code § 18.2- 405.
VI. PROTECTED FIRST AMENDMENT ACTIVITIES
A. ASSEMBLIES
1. Individuals have a First Amendment right to peaceably assemble in public
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PROTECTION OF FIRST AMENDMENT RIGHTS
places. Such events do not require the approval of RPD; however, organizers are
encouraged to notify the Department’s Homeland Security/Criminal Intelligence
Unit before the activity , if possible .
2. Civil disturbances may take many forms and vary in