Under the First Amendment, every American has the right to hold a gathering of any kind as long as it is a peaceful assembly.

In May of 2010, grassroots activist Diana Wulf planned to hold a Legalize Marijuana gathering at a Lincoln park. She intended to have booths with information, a potluck, and musicians. Wulf  filled out all of the required paperwork she needed to provide to the city, including a permit request to hold the gathering.

When the city got back to Wulf, she was informed that on top of the $125 permit fee she also needed to obtain a $1,000,000 insurance liability policy “due to the nature of the event.” She told the Parks & Recreation Department that she didn’t have the money to do that, and was informed she could not hold her event.

Wulf then contacted the ACLU of Nebraska to see if this was a legal decision made by the city – it wasn’t.

“Free speech rights don’t hinge on whether you have money in your pocket,” said ACLU of Nebraska Legal Director Amy Miller.

Learn more about your free speech rights here.

The state authorities ended up allowing her to have her event at no cost, but it wasn’t the event she had hoped for – no booths, no potluck, no music.

After this occurrence, the ACLU started working with the city of Lincoln to see whether it would change its demonstration ordinances. In 2013, the city of Lincoln finally amended its city code to permit demonstrations, rallies, etc., to be conducted with a waiver for indigent groups who cannot afford insurance.


2016 is the 50th anniversary of the ACLU of Nebraska. We will feature several memories from our five decades of defending freedom in the Cornhusker state here. Do you have a favorite memory? Share it with us!