Protesting? Know Your Rights

 Many organizations have taken the time to post about the rights of protesters. I’ve written about protest safety, so let’s review how not to get yourself into legal trouble.

You have the right to protest on public property, but you do not have the right to prevent its use for its normal purposes. That means you can’t block streets, sidewalks, parks, the plaza outside a government building, crosswalks, parking spaces, etc.

The use of streets or parks for protest may require a permit depending on local ordinances. Sidewalk protests do not, so long as the sidewalk remains fully passable by pedestrians.

Private property is private. You do not have the right to enter, photograph, or speak in protest on private property. Avoid it altogether.

When you are not breaking any laws by protesting in a public place, you have the right to photograph or record video of anything that’s in plain sight, including government buildings, law enforcement personnel and their vehicles, and counterprotesters. You are required to keep a safe distance from what you are photographing, so as not to interfere with law enforcement officers.

You have the right to carry signs and hand out flyers. Local law may dictate that signs cannot be mounted on anything rigid.

If law enforcement issues an order to disperse, they are required to allow reasonable time and available passageway for that to happen. Obey the order—and know it’s usually a last resort.

You have—and should use—the right to disable facial recognition and fingerprint unlocking on your phone or other device. You are not required to consent to it being searched or to provide a device’s password. Police do not have the right to delete photographs or video. They cannot demand to see them unless they have a warrant. Be aware that in some places, audio recording is not as well protected.

You do not need to consent to a police search of yourself or your belongings.

If you are stopped for recording images or are arrested, do not argue or resist. Keep your hands visible. Ask if you are free to go, and if you are, walk away calmly. If not, ask what you are being charged with and immediately ask to speak to your attorney. Do not explain your actions or sign anything. Write the phone number of your attorney, or someone who will get you an attorney, on your arm with a Sharpie, so it can’t be taken from you.