Here are some essential guidelines for public protesters as shared by the American Civil Liberties Union and other organizations:
Participating in a protest
• On public property: The First Amendment protects free-speech rights on public property, such as streets and sidewalks, as long as traffic flow is not disrupted.
Civil disobedience, which involves peaceful but unlawful activities, is not protected under the First Amendment. Those participating in such actions may face arrest.
• On private property: Property owners have the authority to establish rules regarding speech on their premises. Police cannot intervene in protests that are conducted with the property owner’s consent.
Photos and videos
• When lawfully present in a public space, individuals have the right to take photographs of anything within plain view. While arrests can be documented through images or videos, individuals being arrested must comply with law enforcement’s instructions to stop using phones or cameras during the arrest.
• It is important to be mindful that others may capture your photo during a public protest, and you may not have control over the dissemination of such images and videos online, according to the Yale Office of International Students.
If instructed to disperse
Authorities can disband a gathering only if there is a significant risk of riot, traffic disruption, or any immediate threat to public safety. They must issue a clear dispersal order, specify exit routes, and inform protesters of the consequences for failing to comply.
If detained
• It is advisable not to argue, resist, or impede law enforcement, even if you believe your rights are being infringed upon.
• When stopped, inquire if you are free to leave; if the response is affirmative, you may depart. If detained, ask the reason for suspicion of a crime.
• While you are not obligated to show identification, carrying identification during protests is recommended. For minor infractions, displaying a government-issued ID can lead to receiving a ticket and being released instead of being taken into custody.
• You have the right to decline a search of yourself or your belongings, including your phone. Law enforcement can conduct a pat-down if they suspect you are carrying a weapon and may search you post-arrest.
• There is no requirement to provide your phone password to the police.
• You are not obligated to speak or sign anything.
• You have the right to make a local phone call, and if contacting your attorney, the police are not permitted to eavesdrop.
Prohibited actions by the police
• Law enforcement cannot treat protesters and counterprotesters differently. They can separate conflicting groups but must allow them to remain within sight and sound of each other.
• They are not authorized to seize a phone or camera or demand to view your photos or videos without a warrant. Deletion of data is not permissible.
If you believe your rights were violated
• Document all details, including the badge and patrol car numbers of the officers.
• Obtain contact information for witnesses.
• Capture photos of any injuries.
Utilize this information when submitting a written complaint to the agency’s civilian complaint board.
Organizing an event
• Small demonstrations, such as a rally in a public park or a sidewalk march adhering to traffic laws, typically do not require a permit. Larger events that pose significant traffic, safety, or competing-use concerns may necessitate a permit from the relevant public space oversight agency.
• Unless directly inciting unlawful behavior, the organizer of a lawful protest cannot be held accountable for participants’ illegal actions or reactions from counterdemonstrators.
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