The right to protest is integral to democracy and fundamental to movements for social change. But our rights are increasingly under attack. Learn to protest safely by knowing your rights and their limitations.
A protest is a public demonstration, declaration, or action that is aimed at expressing dissent or disapproval towards specific ideas or actions, often with political motivations. Protests can take many forms including individual demonstrations, mass gatherings, civil disobedience, and nonviolent actions. Protests can drive social change and are integral to democracy.
The right to protest is created and protected, firstly, by the First Amendment of the United States Constitution.
The First Amendment provides people with the freedom of religion, speech, press, assembly, and petition.
[The fundamental right to protest comes from the freedom of speech and assembly]Our right to protest is supported by local laws, previous cases interpreting our rights, in addition to the constitution.
While the First Amendment protects freedom of speech and assembly, it does NOT protect free speech if it includes:
Your right to protest also does NOT permit:
People can and do have different goals around engaging in protest.
Many people choose to show up as participants in a protest, demonstrating by marching or carrying a sign.
Some organize plan for or intentionally risk arrest, or intentionally choose to engage in civil disobedience as a means of communicating a message.
A protest is a way for the public to express their disapproval. Protesting is a fundamental right in the United States, covered by the first amendment to the Constitution. Protesting can take various forms: speeches, lobbying, social media actions, petitions, boycotts, and in person marches or gatherings.
Civil disobedience describes a particular form of protest, where people intentionally break laws to express their objection to an action of the government. Famous examples of civil disobedience include actions taken during the Civil Rights movement to defy segregation laws, intentional tax evasion, and occupying private property.
Though protest can be a type of civil disobedience, it is important to know the difference because there can be civil or criminal penalties for engaging in civil disobedience. It is a decision that should not be made lightly.
If you are considering going to a protest to speak out about an issue you are passionate about, it is important to make sure you are prepared.
As you are making a decision about whether or not to attend a protest, here are some questions we recommend you consider:
When at a protest, there is always a chance of being arrested. You can take precautions by knowing your rights, thinking ahead about your boundaries in protest, knowing an escape route as soon as you hear a dispersal order, and having a basic plan in place in case of being arrested unintentionally.
Making these plans before attending a protest will help keep you and others around you safe. This includes having a basic plan in place if you were to get arrested unintentionally.
Make sure you have answers to these questions:
Be sure to take a STAND for your rights and invoke your right to an attorney and your right to silence in the case of unexpected arrest.
The list of what we recommend bringing to a protest is not long. We don’t want you to risk losing items during the protest nor risk not getting items back from police departments if you are arrested and booked.
To keep it simple, if you are able and have the appropriate means, we recommend only bringing your ID and water.
However, we understand that everyone’s intentions when protesting can be different, so here are some other items you might want to bring in order to be prepared.
We recommend that you bring weather appropriate supplies with you, such as:
Remember, there is a chance you will be tear gassed or pepper sprayed. Contact lenses will make this experience much more painful. Try to wear glasses or sunglasses.
Makeup and oil based products like sunscreen can also hold onto dispersion irritants and can also prolong pain.
Because the path of a protest can vary and evolve, we might also recommend that you prepare for being out longer than you expect. This might mean also bringing:
On the other hand, the list of what NOT to bring is slightly longer.
These items can be seen as a threat or provoke escalation, which could put you and others in danger or bring extra criminal charges if arrested and charged.
We understand that being at a protest can be a powerful event where you might be tempted to record. However, there are some things you should know about recording at a protest.
When in a public space, you have the right to photograph anything in plain view, including federal buildings and police.
On private property, the property owner may set their own rules about photography.
You have the right to record as a part of your right to protest. However, the police can order people to stop interfering with legitimate police operations. Video recording from a safe distance is not interfering.
It may seem harmless to record others at a protest. Unfortunately, police officers can use photos and videos recorded at a protest to identify or surveil community members.
Consider protecting the identity of other protesters when recording. You can do so by:
Police may not legally confiscate or force you to show them photographs or video without a warrant, nor may they delete your data.
While you may want to capture moments of protest for an issue you are passionate about, it is important to consider the safety of yourself and others. We hope this information can help you make decisions about digital safety while protesting.
The law says that you have the most rights in public forums like sidewalks, streets, and in front of government buildings where you are not blocking access or interfering with operations. → these are places where protests take place.
Because protesting is a fundamental right for people, shutting one down should be law enforcement’s last resort. The reasons for dispersing a gathering have to be in the interest of public safety – ex: clear and present danger of riot, disorder, interference with traffic, or other law breaking.
To legally disperse a protest, law enforcement must give a dispersal warning. This dispersal warning should include:
Before making arrests, law enforcement must give people a reasonable amount of time to comply with this warning.
In times of heightened unrest, local authorities might put curfew restrictions into place to discourage protests. You should know that it is possible to face legal consequences for being out past these curfew times. However, the everyday curfews in place for youth in most cities in Minnesota make exemptions for youth who are out protesting. For more information about local curfew laws – check out the county or city websites below:
While the First Amendment guarantees a right to freedom of speech and assembly for all, we know and have seen that people are not always treated equally in protest. Whether it is due to differences in identity, differences in stance on an issue, or some combination of other factors, you may experience unequal treatment in interactions with law enforcement.
You are not responsible for de-escalating police, but you should take steps that reduce risk of further escalation if stopped.
If you believe your rights are being violated, do not argue, resist, or obstruct. Arguing is not against the law, but resisting or obstructing can lead to a charge, and might further escalate an already intense interaction
We hope this information is helpful as you consider attending a protest. Protesting is a fundamental right protected by the constitution.
Thinking carefully about your goals for attending a protest, communicating with others about your plans for attending a protest, and knowing your rights at a protest are all layers of protection that can help you speak out on an issue that is important to you and get home safely.
ENGAGE WITH US
