The First Amendment protects your right to assemble and express your views through protest. Notwithstanding, police 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 earlier 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 protestation

Your rights

  • Your rights are strongest in what are known as "traditional public forums," such every bit streets, sidewalks, and parks. You also likely take the right to speak out on other public property, like plazas in front end of government buildings, as long as yous are not blocking admission to the government edifice or interfering with other purposes the  property was designed for.
  • Private property owners can gear up rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the holding owner.
  • Counterprotesters also accept free spoken communication rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should let them to be within  sight and sound of one another.
  • When you are lawfully present in any public space, you take the right to photo anything in plain view, including federal buildings and the police. On private property, the owner may prepare rules related to photography or video.

Practise I need a let?

  • You don't demand a permit to march in the streets or on sidewalks, as long as marchers don't obstruct car or pedestrian traffic. If you lot don't have a allow, law officers tin ask you lot to move to the side of a street or sidewalk to let others pass or for safety reasons.
  • Sure 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 sound amplifying devices; or a rally over a certain size at most parks or plazas.
  • While certain let procedures require submitting an awarding well in advance of the planned upshot, police can't use those procedures to foreclose a protest in response to breaking news events.
  • Restrictions on the road of a march or sound equipment might violate the Outset Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.
  • A permit cannot be denied because the issue is controversial or will express unpopular views.
  • If the let regulations that use to your protest require a fee for a let, they should allow a waiver for those who cannot afford the charge.

What to practice if y'all believe your rights take been violated

  • When you lot can, write downwardly everything you remember, including the officers' badge and patrol machine numbers and the agency they piece of work for.
  • Become contact information for witnesses.
  • Take photographs of any injuries.
  • Once you lot have all of this data, you can file a written complaint with the agency'southward internal affairs division or noncombatant complaint board.

I'm attending a protest

Your rights

  • Your rights are strongest in what are known as "traditional public forums," such as streets, sidewalks, and parks. Yous also likely accept the correct to speak out on other public property, similar plazas in front of authorities buildings, as long as y'all are not blocking access to the authorities building or interfering with other purposes the  holding was designed for.
  • Private property owners can set rules for oral communication on their belongings. The authorities may not restrict your speech communication if information technology is taking identify on your own property or with the consent of the holding possessor.
  • Counterprotesters also accept complimentary speech rights. Law must treat protesters and counterprotesters every bit. Police are permitted to go on antagonistic groups separated merely should permit them to be within  sight and sound of one another.
  • When yous are lawfully present in any public space, you have the right to photo anything in obviously view, including federal buildings and the police. On private belongings, the possessor may set rules related to photography or video.
  • You don't need a let to march in the streets or on sidewalks, equally long as marchers don't obstruct car or pedestrian traffic. If you don't have a permit, police officers can ask y'all to move to the side of a street or sidewalk to let others laissez passer or for condom reasons.

What to practise if you believe your rights have been violated

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

What happens if the constabulary issues an order to disperse the protest?

  • Shutting downwards a protest through a dispersal order must be police enforcement's concluding resort. Police may non 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 lodge, they must provide a reasonable opportunity to comply, including sufficient time and a articulate, unobstructed exit path.
  • Individuals must receive articulate and detailed notice of a dispersal order, including how much time they accept to disperse, the consequences of failing to disperse, and what clear get out route they can follow, before they may be arrested or charged with any crime.

I want to take pictures or shoot video at a protest

Your rights

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

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

  • E'er remain calm and never physically resist a police officer.
  • Police cannot detain you without reasonable suspicion that y'all have or are almost to commit a crime or are in the process of doing then.
  • If you are stopped, ask the officer if you are costless to leave. If the answer is yes, calmly walk away.
  • If you are detained, ask the officer what offense you 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 y'all tin can, write downward everything y'all recollect, including the officers' bluecoat and patrol car numbers and the agency they work for.
  • Get contact information for witnesses.
  • Take photographs of any injuries.
  • One time y'all have all of this data, you can file a written complaint with the agency's internal affairs division or noncombatant complaint lath.

I was stopped by the police force while protesting

Your rights

  • Stay calm. Make certain to go along your hands visible. Don't fence, resist, or obstruct the police force, fifty-fifty if you lot believe they are violating your rights. Point out that yous are not disrupting anyone else'due south activity and that the Starting time Subpoena protects your actions.
  • Ask if you lot are free to exit. If the officer says yes, calmly walk away.
  • If you are under arrest, yous have a correct to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don't say anything or sign anything without a lawyer.
  • You lot accept the right to make a local phone call, and if you're calling your lawyer, police are non immune to heed.
  • You never have to consent to a search of yourself or your holding. If you do explicitly consent, information technology can affect you after in court.
  • Constabulary may "pat downwardly" your article of clothing if they suspect you have a weapon and may search yous after an arrest.
  • Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. Notwithstanding, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

What to do if you believe your rights accept been violated

  • When you lot tin can, write downwardly everything you remember, including the officers' badge and patrol car numbers and the bureau they piece of work for.
  • Get contact information for witnesses.
  • Take photographs of whatsoever injuries.
  • In one case you take all of this information, you can file a written complaint with the agency'due south internal affairs sectionalization or noncombatant complaint lath.