Protesting in the United States
The right to join with fellow citizens in protest or peaceful assembly is critical to a functioning democracy and at the core of the First Amendment. This fact sheet outlines your key rights and responsibilities when participating in protests.
This fact sheet provides general information and is not intended as legal advice. Laws may vary by state and local jurisdiction.
In Cases of Detention, Abduction, or Arrest
๐Constitutional Protections
โYour right to protest is protected by the First Amendment, which guarantees freedom of speech, the right to peaceably assemble, and the right to petition the government for redress of grievances. These rights form the foundation of democratic expression in the United States. However, please read the next section carefully.
โ ๏ธLimitations on Speech
โNot all speech is protected. Categories outside First Amendment protection include obscenity, defamatory language that is knowingly false, and 'fighting words' or speech that incites imminent lawless action. The government may also establish reasonable 'time, place, and manner' restrictions.
๐คRight to Remain Silent
โThis right exists even during emergencies in most legal systems. Practice invoking it clearly and calmly: 'I am exercising my right to remain silent and wish to speak with an attorney.' Be prepared to repeat this statement multiple times if necessary.
๐Detention Procedures
โMemorize what legitimate detention procedures should look like versus illegal abduction. Know the differences between being temporarily detained versus formally arrested. Look for official identification, proper documentation, and established procedures.
๐ง Document Everything
โWhen safe, memorize details of interactions with authoritiesโnames, badge numbers, vehicles, locations, timesโwhich could be valuable for future accountability.
๐ฉโโ๏ธLegal Representation
โMemorize (don't just carry) contact information for emergency legal aid and human rights organizations. Have multiple backup contacts and establish code words or signals with trusted individuals.
โ๏ธEmergency Habeas Corpus
โUnderstand how habeas corpus petitions work (the legal principle requiring authorities to bring a detained person before a court) and have trusted contacts prepared to file one if you disappear. Memorize the process and key legal contacts.
๐ฅCollective Rights Awareness
โShare rights information with trusted community members, as collective knowledge provides greater protection than individual knowledge. Establish support networks and emergency response systems.
๐Understand Normal Legal Protections
โEven when rights aren't being respected, knowing what they should be can help you identify violations and potentially invoke them during questioning or detention. Recognize when your rights are being violated and document these instances when safe to do so.
General Rights
๐บ๏ธWhere You Can Protest
โYour rights are strongest in 'traditional public forums' like streets, sidewalks, and parks. You also likely have the right to speak on other public property, such as plazas in front of government buildings, as long as you're not blocking access or interfering with the property's purpose. Private property owners can set their own rules for speech on their property.
๐Permits and Restrictions
โSome protests may require permits, especially for larger demonstrations or those using amplified sound. However, government officials cannot deny a permit based on controversial content or unpopular views, and permit fees should offer waivers for those who cannot afford them. Any restrictions must be narrowly tailored, content-neutral, and leave alternative channels for communication.
๐ฑPhotography and Recording
โWhen lawfully present in any public space, you have the right to photograph or record anything in plain view, including federal buildings and police. Officers should not demand to view your photos or videos without a warrant, and cannot delete your content or seize your device without a warrant.
๐ฎInteracting with Law Enforcement
โStay calm and keep your hands visible if approached by police. You don't have to answer questions, though refusing to identify yourself can sometimes lead to detention. Don't physically resist officers even if you believe your rights are being violated. If you're detained, ask what crime you're suspected of committing.
๐Protected Forms of Expression
โThe First Amendment protects various forms of expression including marches, rallies, picketing, leafleting, and symbolic speech such as wearing armbands or even flag burning. Some types of conduct (like blocking traffic or entrances to buildings) may be regulated or restricted.
โ๏ธIf Your Rights Are Violated
โDocument everything if you believe your rights were violated. Write down officers' badge and patrol car numbers and the agency they work for. Get contact information for witnesses and take photographs of any injuries. You can file a written complaint with the agency's internal affairs division or civilian complaint board.
This fact sheet provides general information and is not intended as legal advice. Laws may vary by state and local jurisdiction.