The First Amendment protects your right to assemble and express your views through protestation. However, police force and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Make sure yous're prepared by brushing up on your rights before heading out into the streets.

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A collage of fists raised in protest and an image of someone using a cellphone.

I'm organizing a protest

Your rights

  • Your rights are strongest in what are known as "traditional public forums," such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, similar plazas in front of regime buildings, equally long equally you are non blocking admission to the government building or interfering with other purposes the  property was designed for.
  • Individual holding owners can set rules for speech on their property. The authorities may not restrict your speech if information technology is taking place on your own property or with the consent of the property owner.
  • Counterprotesters also accept free spoken language rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to exist within  sight and sound of one another.
  • When yous are lawfully nowadays in any public space, you accept the right to photograph anything in plainly view, including federal buildings and the police. On individual property, the possessor may set rules related to photography or video.

Do I need a permit?

  • You lot don't need a permit to march in the streets or on sidewalks, as long as marchers don't obstruct auto or pedestrian traffic. If you lot don't accept a allow, police officers tin ask you to movement to the side of a street or sidewalk to permit others pass or for safety reasons.
  • Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a big rally requiring the use of audio amplifying devices; or a rally over a certain size at most parks or plazas.
  • While sure permit procedures require submitting an application well in advance of the planned consequence, police tin't use those procedures to prevent a protest in response to breaking news events.
  • Restrictions on the road of a march or audio equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with constructive communication to the intended audition.
  • A permit cannot be denied because the consequence is controversial or will express unpopular views.
  • If the permit regulations that employ to your protest require a fee for a permit, they should permit a waiver for those who cannot afford the charge.

What to do if you believe your rights have been violated

  • When yous can, write downwards everything you remember, including the officers' badge and patrol car numbers and the agency they work for.
  • Get contact information for witnesses.
  • Accept photographs of any injuries.
  • One time you have all of this information, you tin can file a written complaint with the agency's internal diplomacy division or civilian complaint board.

I'm attention a protest

Your rights

  • Your rights are strongest in what are known as "traditional public forums," such as streets, sidewalks, and parks. You also likely take the right to speak out on other public holding, like plazas in front of government buildings, every bit long as you lot are not blocking admission to the authorities building or interfering with other purposes the  property was designed for.
  • Individual belongings owners can set up rules for spoken communication on their property. The government may not restrict your voice communication if it is taking identify on your own property or with the consent of the property owner.
  • Counterprotesters likewise have free speech rights. Police must care for protesters and counterprotesters equally. Police are permitted to keep combative groups separated only should allow them to be within  sight and audio of one another.
  • When you lot are lawfully nowadays in whatsoever public infinite, you have the correct to photograph anything in apparently view, including federal buildings and the police. On private property, the possessor may set rules related to photography or video.
  • You don't need a allow to march in the streets or on sidewalks, every bit long as marchers don't obstruct auto or pedestrian traffic. If y'all don't have a permit, police officers tin can enquire you lot to motility to the side of a street or sidewalk to let others pass or for prophylactic reasons.

What to practice if you believe your rights take been violated

  • When you can, write down everything y'all recollect, including the officers' badge and patrol car numbers and the agency they work for.
  • Get contact information for witnesses.
  • Accept photographs of any injuries.
  • Once yous have all of this information, you tin can file a written complaint with the agency'south internal affairs partition or civilian complaint board.

What happens if the police bug an order to disperse the protest?

  • Shutting downwards a protestation through a dispersal order must be law enforcement's last resort. Law 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 safe.
  • If officers issue a dispersal society, they must provide a reasonable opportunity to comply, including sufficient time and a articulate, unobstructed get out path.
  • Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of declining to disperse, and what clear exit route they tin follow, before they may exist arrested or charged with any crime.

I want to take pictures or shoot video at a protest

Your rights

  • When you are lawfully nowadays in whatever public infinite, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the possessor may set rules about photography or video.)
  • Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under whatsoever circumstances. Withal, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
  • If yous are videotaping, be aware that there is an important legal distinction betwixt a visual photographic record (fully protected) and the audio portion of a videotape, which some states accept tried to regulate nether state wiretapping laws.

What to do if you are stopped or detained for taking photographs

  • Always remain at-home and never physically resist a law officer.
  • Police cannot detain you lot without reasonable suspicion that you have or are nigh to commit a law-breaking or are in the process of doing so.
  • If you are stopped, ask the officer if you are gratis to exit. If the reply is yes, calmly walk away.
  • If you are detained, ask the officeholder what crime yous are suspected of committing, and remind the officer that taking photographs is your correct under the Kickoff Amendment and does non plant reasonable suspicion of criminal activeness.

What to exercise if you believe your rights accept been violated

  • When yous tin, write down everything you remember, including the officers' badge and patrol automobile numbers and the agency they piece of work for.
  • Get contact data for witnesses.
  • Take photographs of whatever injuries.
  • Once you accept all of this information, you lot can file a written complaint with the agency'due south internal affairs division or civilian complaint board.

I was stopped by the law while protesting

Your rights

  • Stay calm. Make certain to go along your hands visible. Don't argue, resist, or obstruct the police, even if you lot believe they are violating your rights. Betoken out that you are not disrupting anyone else'due south activity and that the First Amendment protects your deportment.
  • Ask if y'all are costless to exit. If the officer says yeah, calmly walk abroad.
  • If you are under arrest, you have a right to ask why. Otherwise, say yous wish to remain silent and ask for a lawyer immediately. Don't say annihilation or sign anything without a lawyer.
  • You take the right to make a local telephone call, and if you're calling your lawyer, police are not allowed to mind.
  • Yous never have to consent to a search of yourself or your holding. If y'all practice explicitly consent, it can affect y'all afterwards in courtroom.
  • Police may "pat downwards" your clothing if they suspect you take a weapon and may search you subsequently an arrest.
  • Police officers may not confiscate or need to view your photographs or video without a warrant, nor may they delete information nether any circumstances. Nonetheless, they may order citizens to end activities that are truly interfering with legitimate constabulary enforcement operations.

What to do if you believe your rights have been violated

  • When y'all can, write down everything you call back, including the officers' badge and patrol car numbers and the agency they work for.
  • Get 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'due south internal affairs partition or noncombatant complaint lath.