The First Amendment right to assemble and protest is going to get a black eye in 2012—as it has every time there has been an upsurge in America’s social justice movements.

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Tactic 1: Expanding Permit Requirements: Municipalities -- and not just Charlotte, South Carolina, where the Democratic National Convention will be held, and Tampa, Florida, where the Republican National Convention will be held -- are adopting local ordinances requiring protesters to apply for permits months or weeks in advance, even if they haven’t unveiled all of their rules for the events. That idea is not only to prevent spontaneous assembly, but also to create deterrents, leading to tactic two: charging protesters for exercising their rights.

Tactic 2: Charging Protesters for Municipal Costs: In supposedly liberal cities, such as San Francisco and Syracuse, New York, city halls have told protest groups they have to pay for the costs of (unwanted) police escorts and other fees to discourage marches. The fees—which can be challenged in court and thrown out if found to be selectively applied—are in Charlotte’s new rules for the Democratic Convention and include “hiring and paying off-duty law enforcement officers, or reimbursing the city for costs of providing on-duty law enforcement officers, to appropriately police street closures.” In Tampa, the new rules require protesters apply 60 days in advance for special permits and obtain insurance.

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Tactic 3: Demonizing Protesters In Pre-Event Press Conferences: The track record of police saying there are mounting public health emergencies was a central feature before Occupy evictions in New York’s Zuccotti Park, Oakland’s Oscar Grant Plaza, Washington’s McPherson Square and elsewhere. In Chicago, police officials looking ahead to May’s NATO summit have begun to invoke the 2012 corollary: security concerns, saying downtown businesses are anticipating riots with police saying that they do not know how many protesters will show up, “some of whom could become violent.” These smear tactics not only justify spending vast sums of public money on policing, but they also deter peaceful people from coming out to join the protest.