First Steps on How to Uphold the First Amendment

Written by Marcus J. Brouwers (COMMUNIQUÉ, Aug. 2025)

By Marcus J. Brouwers

The First Amendment of the United States Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” U.S. Const. amend. I. This First Amendment right to peaceably assemble and to voice grievances against the government can be exercised in numerous ways, but the most obvious form is through protest and marches.

While constitutional rights are the bedrock of a democratic society, they should not be taken for granted, and they still need to be protected. The front line of this protection is legal observing. Legal observers are legal workers, law students, and lawyers who attend protests and civil disobedience actions to document these events which can later be used in defense cases, public statements, and litigation in order to hold law enforcement agencies accountable for the actions of their officers. (https://www.nlg.org/massdefenseprogram/los/)

Legal observers are organized and trained through the National Lawyers Guild (“NLG”). The NLG was founded in 1937 by an association of progressive lawyers focused on human rights and was the first integrated bar association in the United States. Id. The NLG has helped throughout the years with the blue-collar United Auto Workers, civil rights and anti-war movements, international interests, and many other exercises of civil liberties.

The right to peacefully assemble and voice grievances is a liberty that applies regardless of political affiliation, class, race, or orientation. It applies to all of us, whether we agree with the protest or not. In a time when civil liberties are being debated and fought over in the streets, consider volunteering as a legal observer with the NLG and help protect this constitutional right: https://www.nlglv.org/.

About the author

Marcus J. Brouwers is an attorney with the Legal Aid Center of Southern Nevada, Inc. representing children in minor guardianship cases, and mentoring pro bono attorneys representing minors. Marcus is also a member of the Las Vegas Chapter of the National Lawyer’s Guild.

About the article

This article was originally published in the Communiqué (Aug. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-aug-2025/. The printed magazine will be mailed to CCBA members in the last week of July 2025.

The articles and advertisements appearing in Communiqué magazine do not necessarily reflect the opinion of the CCBA, the CCBA Publications Committee, the editorial board, or the other authors. All legal and other issues discussed are not for the purpose of answering specific legal questions. Attorneys and others are strongly advised to independently research all issues.

© 2025 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.

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