Protesters’ Rights

Protesting is as American as apple pie or baseball (or insert other cliche here). With that said, tumultuous times leave us sometimes unsure of our rights as Americans when it comes to protests and the freedom of assembly and speech. The American Civil Liberties Union (ACLU) has published a guide to Protesters’ Rights. We have copied the information here for future reference in case the site is taken down or otherwise modified. We have also exported their guide as a PDF that you may download and save.

• Your first amendment rights are strongest in “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to protest on other public property, such as plazas in front of government buildings, as long as you are not blocking access or otherwise interfering with the purposes the property was designed for.
• Private property owners may 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.
• Counterprotestors also have the right to free speech and assembly. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but they should be allowed to be within sight and sound of each other.
• When you are lawfully present in any public space, you have the right to photograph or take video of anything in plain view. This includes federal buildings and the police.
• You do not need a permit to march in the streets or on sidewalks as long as the march does not obstruct vehicle or pedestrian traffic. If you do not have a permit, police may ask you to move to the side of a street or sidewalk for safety reasons.
• Certain types of events may require permits.
• Police cannot use permit procedures to prevent a protest in response to breaking news events.
• Restrictions on the route of a march or sound equipment may 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.
• Permit fees should allow for a waiver for those who cannot afford the charge.
• Stopping 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 safety.
• Dispersal orders must provide a reasonable opportunity to comply – including sufficient time to disperse and a clear, unobstructed exit path.

• If you are lawfully present in a public space, you have the right to photograph or video anything in plain view.
• Police officers may not confiscate your device or demand to view your photographs or video without a warrant. They may not delete data under any circumstances. Law enforcement may order citizens to cease activities that are truly interfering with legitimate police operations.
• If you are taking a video, there is a difference between visual photographic record (which is fully protected) and the audio of the video (which may be regulated under state wiretapping laws).
• If you are stopped or detained for taking photographs or video, remain calm and do not physically resist. Police may not detain you without reasonable suspicion that you have or are about to commit a crime. If you are stopped, ask the officer if you are free to leave. If you are, calmly walk away. If you are detained, ask the officer what crime you are accused of committing and remind the officer that taking photographs is a right afforded to you under the First Amendment.

• Stay calm. Keep your hands visible. Don’t argue, resist, or obstruct the police, even if you feel they are violating your rights. Remind the officer that you are not disrupting anyone else’s activity and that you are protected under the First Amendment.
• Ask if you are free to leave. If you are, calmly walk away.
• If you are under arrest, you have a right to know why. Otherwise, remain silent and ask for a lawyer immediately. Do not say anything or sign anything without a lawyer present.
• You have the right to make a phone call. Police are not allowed to listen to a phone call with your lawyer.
• You never have to consent to a search of yourself or your belongings.

• When its safe to do so, write down everything you remember. Include any police officer badge number(s), patrol car number(s), and the agency they work for.
• Get contact information for any witnesses.
• Take photographs of any injuries.
• Once you have this information, you can file a written complaint with the agency’s internal affairs or complaint board.