The First Amendment protects your right to assemble and express your views through protestation. However, police and other government officials are immune to place certain narrow restrictions on the exercise of spoken language rights. Make sure you'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'g 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 accept the right to speak out on other public holding, like plazas in front of government buildings, as long as you lot are not blocking access to the regime building or interfering with other purposes the  property was designed for.
  • Individual property owners can set rules for speech on their holding. The regime may non restrict your speech communication if it is taking identify on your ain property or with the consent of the property owner.
  • Counterprotesters besides have gratis speech rights. Police must treat protesters and counterprotesters as. Police are permitted to proceed combative groups separated but should permit them to be within  sight and sound of 1 another.
  • When you are lawfully nowadays in any public infinite, y'all accept the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.

Do I need a permit?

  • You 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 don't accept a let, police force officers tin can ask y'all to move to the side of a street or sidewalk to let others pass or for condom reasons.
  • Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of audio amplifying devices; or a rally over a certain size at most parks or plazas.
  • While sure allow procedures require submitting an application well in advance of the planned event, police force can't employ those procedures to prevent a protest in response to breaking news events.
  • Restrictions on the route of a march or sound equipment might violate the First Subpoena if they are unnecessary for traffic control or public safety, or if they interfere significantly with constructive communication to the intended audience.
  • A let cannot be denied because the event is controversial or will limited unpopular views.
  • If the permit regulations that use to your protest require a fee for a permit, they should allow a waiver for those who cannot beget the accuse.

What to do if y'all believe your rights have been violated

  • When you can, write downwardly everything you remember, including the officers' bluecoat and patrol car numbers and the agency they piece of work for.
  • Go contact information for witnesses.
  • Take photographs of whatever injuries.
  • One time you take all of this information, you can file a written complaint with the agency'south internal affairs division or civilian complaint lath.

I'm attending a protest

Your rights

  • Your rights are strongest in what are known as "traditional public forums," such equally streets, sidewalks, and parks. Y'all as well likely have the right to speak out on other public property, similar plazas in front of government buildings, as long as you are not blocking access to the government edifice or interfering with other purposes the  property was designed for.
  • Private property owners can set rules for speech on their property. The government may not restrict your speech if information technology is taking place on your own holding or with the consent of the belongings owner.
  • Counterprotesters also have free spoken language rights. Police must care for protesters and counterprotesters every bit. Police are permitted to keep antagonistic groups separated but should allow them to exist inside  sight and sound of i another.
  • When y'all are lawfully present in any public infinite, you lot accept the right to photograph anything in patently view, including federal buildings and the police. On private property, the owner may ready rules related to photography or video.
  • Y'all don't need a permit to march in the streets or on sidewalks, every bit long as marchers don't obstruct machine or pedestrian traffic. If you don't have a permit, police force officers can ask yous to move to the side of a street or sidewalk to let others pass or for safe reasons.

What to do if you lot believe your rights have been violated

  • When you tin, write down everything you remember, including the officers' badge and patrol machine numbers and the bureau they work for.
  • Get contact information for witnesses.
  • Take photographs of any injuries.
  • In one case y'all take all of this information, y'all can file a written complaint with the agency's internal affairs division or civilian complaint board.

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

  • Shutting down a protest through a dispersal society must be law enforcement's final resort. Constabulary may not break up a gathering unless there is a clear and present danger of anarchism, disorder, interference with traffic, or other immediate threat to public rubber.
  • If officers issue a dispersal club, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
  • Individuals must receive clear and detailed notice of a dispersal guild, including how much fourth dimension they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any criminal offense.

I want to have pictures or shoot video at a protest

Your rights

  • When you are lawfully present in any public space, you lot accept the right to photograph anything in plain view, including federal buildings and the police force. (On individual holding, the owner may set rules about photography or video.)
  • Police force officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data nether any circumstances. Notwithstanding, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
  • If you are videotaping, exist aware that there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate nether country wiretapping laws.

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

  • Always remain calm and never physically resist a police officer.
  • Police force cannot detain you without reasonable suspicion that you have or are well-nigh to commit a offense or are in the process of doing so.
  • If you are stopped, ask the officer if you lot are gratuitous to leave. If the respond is yes, calmly walk abroad.
  • If you lot are detained, ask the officer what offense yous are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

What to do if you believe your rights have been violated

  • When you can, write downward everything you remember, including the officers' bluecoat and patrol car numbers and the bureau they work for.
  • Get contact data for witnesses.
  • Take photographs of any injuries.
  • One time you have all of this information, y'all tin can file a written complaint with the agency'south internal affairs division or civilian complaint lath.

I was stopped past the police force while protesting

Your rights

  • Stay at-home. Make sure to keep your easily visible. Don't fence, resist, or obstruct the police force, even if y'all believe they are violating your rights. Point out that yous are not disrupting anyone else'due south activity and that the Start Amendment protects your actions.
  • Ask if you are free to leave. If the officer says yes, calmly walk away.
  • If you are under abort, you lot accept a right to ask why. Otherwise, say y'all wish to remain silent and ask for a lawyer immediately. Don't say anything or sign annihilation without a lawyer.
  • Yous have the correct to make a local phone call, and if you lot're calling your lawyer, police are not allowed to listen.
  • Y'all never have to consent to a search of yourself or your belongings. If you practise explicitly consent, it tin impact you lot later in court.
  • Police may "pat down" your wear if they suspect you have a weapon and may search you afterwards an arrest.
  • Police officers may non confiscate or need to view your photographs or video without a warrant, nor may they delete data under whatever circumstances. However, they may gild citizens to cease activities that are truly interfering with legitimate law enforcement operations.

What to do if you believe your rights have been violated

  • When you can, write downward everything you call back, 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 you take all of this information, you can file a written complaint with the bureau's internal affairs partitioning or civilian complaint board.