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Protests And Assembly

18 Pa.C.S. 5507 — a gathering to hear a speaker is not by itself an obstruction, and an order to move must be reasonable

Obstructing. A person who, having no legal privilege to do so, intentionally or recklessly obstructs a highway, railroad track, utility right-of-way, sidewalk, navigable waters or other public passage, alone or with others, commits a summary offense, or a misdemeanor of the third degree after persisting following a warning by a law officer.

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A crowd is not an obstruction. No person is guilty of obstructing solely because of a gathering of persons to hear that person speak or otherwise communicate, or solely because of being a member of such a gathering.

What obstructs means. To obstruct is to render impassable without unreasonable inconvenience or hazard.

Refusing to move on. A person in a gathering commits a summary offense by refusing a reasonable official request or order to move, to prevent obstruction of a public passage, or to disperse people gathered in dangerous proximity to a fire or other hazard.

When an order is not reasonable. An order to move, given to a person whose speech or other lawful behavior attracts an obstructing audience, is not reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.

Disrupting a meeting. A person who, with intent to prevent or disrupt a lawful meeting, procession or gathering, disturbs or interrupts it commits a misdemeanor of the third degree.

An order to disperse. Where three or more persons are participating in disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, an officer may order the participants and others nearby to disperse. Refusing or knowingly failing to obey is a misdemeanor of the second degree.

Permit rules for parades and events are set by local ordinance and are not on this page. Whether a particular order or arrest was lawful is a question for the court that hears it, or a licensed Pennsylvania attorney.

Sources for this section (3)
  1. 18 Pa.C.S. 5507 — Obstructing highways and other public passages
  2. 18 Pa.C.S. 5508 — Disrupting meetings and processions
  3. 18 Pa.C.S. 5502 — Failure of disorderly persons to disperse upon official order

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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