Know Your Rights - Protesting

Your rights

• Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the  property was designed for.
• Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
• Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within  sight and sound of one another.
• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.

Do I need a permit?

• You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don't have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
• Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of sound amplifying devices; or a rally over a certain size at most parks or plazas.
• While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events.
• Restrictions on the route of a march or sound equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.
• A permit cannot be denied because the event is controversial or will express unpopular views.
• If the permit regulations that apply to your protest require a fee for a permit, they should allow a waiver for those who cannot afford the charge.

Your rights

• Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the  property was designed for.
• Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
• Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within  sight and sound of one another.
• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.
• You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don't have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.

What happens if the police issues an order to disperse the protest?

• Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.
• If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
• Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.

Your rights

• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the owner may set rules about photography or video.)
• Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
• If you are videotaping, be aware that there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.

What to do if you are stopped or detained for taking photographs

• Always remain calm and never physically resist a police officer.
• Police cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so.
• If you are stopped, ask the officer if you are free to leave. If the answer is yes, calmly walk away.
• If you are detained, ask the officer what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

Your rights

• Stay calm. Make sure to keep your hands visible. Don't argue, resist, or obstruct the police, even if you believe they are violating your rights. Point out that you are not disrupting anyone else's activity and that the First Amendment protects your actions.
• Ask if you are free to leave. If the officer says yes, calmly walk away.
• If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don't say anything or sign anything without a lawyer.
• You have the right to make 3 free phone calls. The police should not listen if you call a lawyer. 
• You never have to consent to a search of yourself or your belongings. If you do explicitly consent, it can affect you later in court.
• Police may "pat down" your clothing if they suspect you have a weapon and may search you after an arrest.
• Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

• Plan ahead – research the action, the route, and possible exit routes. Download any information you may need, including maps, ahead of time.
• When planning your transportation be mindful that automatic license plate readers can track the location of your car. And try to avoid transportation linked to your credit card or transit card.
• Arrange backup travel plans in case you need to leave the protest.
• Find a protest buddy and make plans to reconnect with friends if separated.
• Have protective clothing like face mask, earplugs, and long sleeves. Make sure to cover identifying features like tattoos.
• Avoid wearing contact lenses, bring protective eye covering like shatterproof goggles, and have water to flush your eyes in case tear gas is used.
• Prepare for a possible arrest by writing the number of an attorney or emergency contact on your arm.
• Bring any medication or make plans for any dependents in case of an arrest.
• Avoid throwing away any items that contain traces of DNA (cigarettes, water bottles, discarded food)

Cellphones and Technology:

• Use messaging apps with end-to-end encryption like Signal or Telegram
• Use a VPN to protect internet activity, messaging, and circumvent internet censorship
• Backup the data on your device before the protest
• Change your password to a number passcode and disable thumbprint and face recognition
  • You do not need to consent to a search of your phone, police need a warrant
• Consider not taking your cell phone, or using a disposable prepaid phone
• If using your regular mobile device, switch cellphone to airplane mode and turn off Bluetooth and Wi-Fi
• And Disable 2G on your phone. A common tactic with cell-site simulators is to automatically connect your phone to a fake 2G tower.
  • iPhone iOS17: Settings à Privacy & Security à Turn on Lockdown Mode
  • Android: Settings à Network & Internet à SIMS à your carrier à Turn off the Allow 2G option

Photos and Social Media:

• Take photos and videos without unlocking your device in case it is stolen, or confiscated
• Avoid livestreaming
• If you post any photos, blur out locations or identifying features of you or any protestors
• Post screenshots of photos instead of the original which can contain information on the time/date and location