Protestor's Rights

IMG of Protesters

With the recent protests and demands for an end to social injustices and police brutality, it is important to educate yourself on your rights and how to stay safe during protests.

Your Rights:

  • Your rights are strongest in what is 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.
  • Counter-protesters also have free speech rights. Police must treat protesters and counter-protesters 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 to do if you believe your rights have been violated:

  • When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
  • Get the contact information for witnesses.
  • Take photographs of any injuries.
  • Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

Safety Tips! (How to prevent injuries/fatigue)

  1. Don’t put vaseline, mineral oil, oil-based sunscreen or moisturizers on skin as they can trap chemicals
  2. Don’t wear contact lenses, which can trap irritating chemicals underneath
  3. Don’t wear things which can easily be grabbed (i.e. jewelry, ties, loose hair)
  4. Don’t go alone, if you can help it - go with an affinity group or some friends who know you well
  5. Don’t forget to eat food and drink lots of water

What happens if the police issue 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.

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