Protest Rights Quick Guide

Your Constitutional Rights During Protests: The Basics

Let's be clear about something: Your right to protest is protected by the First Amendment of the Constitution. Full stop. But as anyone who's been paying attention knows, this right is now being challenged, misrepresented, or outright violated.

What You Can (Legally) Do

• Protest in public spaces like sidewalks, streets (with permits), parks, and plazas. These are considered "traditional public forums" where First Amendment protections are strongest.
• Take photos and videos of anything in plain view in public spaces, including police officers and their actions. This is a crucial right that protects both you and others.
• Speak out and chant, even if others find it offensive. The First Amendment protects speech that others might disagree with or find uncomfortable.
• Distribute literature on public sidewalks without a permit (though private property owners can set their own rules).
• Counter-protest near other demonstrations, as long as you're not physically interfering with them.

What You Cannot (Legally) Do

• Block building entrances or private driveways without expecting possible arrest. This could be considered trespassing or unlawful obstruction.
• Physically threaten others or engage in violence. The First Amendment doesn't protect violence or true threats of imminent harm.
• Damage property as part of your protest. Property destruction is not protected speech and can result in significant charges.
• Ignore lawful dispersal orders without risk of arrest, even if you believe the order is unfair or unnecessary.

How to Respond to Law Enforcement

If approached by police during a protest:

• Stay calm and don't run. Running can escalate the situation and may be seen as reasonable suspicion.
• Ask "Am I free to leave?" If yes, calmly walk away. If no, you are being detained and should:
• State clearly: "I am exercising my right to remain silent. I want to speak to a lawyer." Then actually remain silent, except to provide your name in states with "stop and identify" laws.
• Do not consent to searches of your person or belongings. State clearly: "I do not consent to a search." (Note: Officers may still search you without consent in certain circumstances.)
• Never physically resist officers, even if you believe they are violating your rights. Document everything and address it later through legal channels.

If You're Detained or Arrested

• Do not resist arrest, even if you believe it's unjustified. Physical resistance can lead to additional charges and physical harm.
• Continue to assert your right to remain silent and your right to an attorney. Repeat as necessary.
• Do not sign anything without an attorney present.
• As soon as possible, write down everything you remember about the arrest, including officer names/badge numbers, what was said, and witness information.
• If injured, seek medical attention and get documentation of your injuries.

Supporting Other Protesters

Effective protest isn't just about your own actions—it's about community support:

• Document police interactions you witness from a safe distance. Clear video evidence can be crucial for those who face charges.
• Know the local legal support resources before attending. Have the National Lawyers Guild number (212-679-5100) or local legal support hotline written on your arm.
• Volunteer as a legal observer if you have training. Legal observers document police conduct and provide an important accountability presence.
• Contribute to bail funds if you're unable to protest physically but want to support.

Remember: Knowledge Is Protection

Knowing your rights doesn't guarantee they'll be respected, but it's your first line of defense. Share this information, prepare before you protest, and stand in solidarity with fellow demonstrators.

Democracy requires active participation and defense. Don't let uncertainty about your rights keep you from making your voice heard.