ACLU files brief supporting protest rights on public roads in Standing Rock case

The American Civil Liberties Union and the ACLU of North Dakota filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in Thunderhawk v. Kirchmeier, according to an ACLU of North Dakota announcement. The case challenges the government's decision to close a public road during the Dakota Access Pipeline protests near Standing Rock, preventing people from gathering to express opposition to the project. The brief argues that public roads, including rural highways, are traditional public forums protected under the First Amendment and  that courts have long recognized roads as places for public assembly and expression. The ACLU noted that roads have been used for demonstrations throughout U.S. history, including civil rights marches, anti-war protests and more recent demonstrations. The filing also argues that rural roads serve as important public gathering spaces in communities with few other places for people to assemble and discuss public issues.