Your Rights Protesting
Civilians coming together to make their voices heard through protesting dates back to as early as the 13th century. Today, social media has taken up a large role in protests, allowing organizing, gathering, and advocating to be streamlined.
Not every protest is a safe situation though, and knowing your rights is just as integral as expressing your message while protesting
In this section, you will find:
Your Protest Rights
Your right to protest is protected with the most clarity and greatest strength in “traditional public forums,” like streets, sidewalks, and public parks.
Private property owners can set rules for speech that occurs on their property, and can regulate whether it happens at all. However, the government can’t restrict your speech if it is taking place on your own property or with the consent of the property owners.
The First Amendment prohibits the government from discriminating against speech based on its viewpoint, meaning that the government cannot allow speech which supports one viewpoint but prevents the same manner of speech from an opposing viewpoint.
Law Enforcement Interactions
Police can’t break up a lawful protest unless there is a clear and present danger, immediate threat to public safety, or interference with traffic. If these circumstances are present, however, they can issue a dispersal order.
When you are lawfully present in a public space, you have the right to photograph or video record anything in plain view, including police officers. These officers, however, may order citizens to stop video recording or photographing when the activity is truly interfering in their legitimate law enforcement operations.
In the event that a protester is arrested, police officers may not search through the contents of their phone without a warrant, though they may confiscate the device.
Taking photographs in public spaces is protected under the First Amendment, and doesn’t amount to reasonable suspicion of criminal activity. This means that police cannot detain you for the sole action of taking photographs.
If you believe your rights have been violated at a protest by law enforcement, try to document everything you recall from the interaction, including badge numbers and patrol car numbers. Take photographs of any injuries and get the contact information of those who have witnessed the interaction. Afterwards, you may file a written complaint with the agency’s internal affairs division or civilian complaint board.
Remember to stay calm throughout any law enforcement interaction.
Protest Right Restrictions
Civil Disobediance
While the First amendment protects all forms of viewpoint expression, it doesn’t protect acts of civil disobedience in which people break the law. For example, blocking a road to make a political demonstration is not protected by the First Amendment.
Time, Place, and Manner Restrictions
Even when you’re expressing your view in traditional public forums, the government can regulate the time, place, and manner in which you protest. These regulations must be viewpoint neutral, however.
You cannot disturb school or any assembly of people who are meeting for religious regions or to acknowledge the death of an individual
Specifically, a person may not protest within 500 feet of a funeral or burial one hour before or after the ceremony.
Questions?
Think you have it all figured out?