FOR IMMEDIATE RELEASE
June 13, 2025
Media Contact:
Keisha Williams [email protected]
ACLU of North Carolina Urges Fayetteville Police to Respect First Amendment Rights at Upcoming Protest
FAYETTEVILLE, N.C. — The ACLU of North Carolina has sent a letter to Fayetteville Interim Police Chief Todd Joyce and city leaders expressing serious concerns about possible First Amendment violations related to the enforcement of local noise ordinances at political demonstrations, especially the upcoming “No Kings Rally/Protest” set for June 14 in downtown Fayetteville.
In the letter, the ACLU-NC noted community reports that rally organizers received warnings about arrests if they used amplified sound. The organization believes this warning is legally unfounded and unconstitutional.
“Political speech, especially in the form of protest, is a core category of speech protected by the First Amendment. Attempts to restrict the use of amplified sound during a peaceful, daytime demonstration are not only contrary to the City of Fayetteville’s own code, but also go against established federal court decisions,” said Jaci Maffetore, senior staff attorney with the ACLU of North Carolina.
ACLU-NC's letter makes four key points:
The use of Amplified Sound at the Planned No Kings Rally/Protest follows the City Code’s Noise Ordinance (§17-7–18), which only prohibits amplified sound between 10:00 p.m. and 10:00 a.m. on weekends. Since the rally is scheduled to begin at 10:00 a.m., there is no legal basis to restrict amplification under the ordinance.
The Sound Equipment Ordinance (§24-140) Cannot Be Applied to Protests in the Core Downtown Area, as it governs commercial activity, not public demonstrations. Its enforcement in protest contexts is an inappropriate and likely unconstitutional application of this ordinance.
Prohibiting Noise Amplification at a public, daytime protest is likely unconstitutional, violating the First Amendment, as recognized by the Fourth Circuit Court of Appeals, which has affirmed that the right to amplify political speech is protected.
The City’s Sound Equipment Ordinance (§ 24-140) is likely unconstitutional when enforced against protesters, allowing for arbitrary enforcement. Reports of inconsistent enforcement from community partners further underscores the need for clarity and restraint from city officials.
“We call on Fayetteville city leaders to do the right thing: follow the law, respect the Constitution, and allow future protests to proceed without unlawful interference,” Maffetore added.
The letter was also sent to Fayetteville’s mayor, city council, city attorney, city manager, the Cumberland County Sheriff’s Office, and County Commissioners.
Please review letter in its entirety, here.