CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
§ 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR
(a) If conduct that would otherwise violate
Section 42.01(a)(5) (Unreasonable Noise) or 42.03 (Obstructing
Passageway) consists of speech or other communication, of gathering
with others to hear or observe such speech or communication, or of
gathering with others to picket or otherwise express in a
nonviolent manner a position on social, economic, political, or
religious questions, the actor must be ordered to move, disperse,
or otherwise remedy the violation prior to his arrest if he has not
yet intentionally harmed the interests of others which those
sections seek to protect.
(b) The order required by this section may be given by a
peace officer, a fireman, a person with authority to control the use
of the premises, or any person directly affected by the violation.
(c) It is a defense to prosecution under Section 42.01(a)(5)
(1) that in circumstances in which this section
requires an order no order was given;
(2) that an order, if given, was manifestly
unreasonable in scope; or
(3) that an order, if given, was promptly obeyed.