protesting
*
protesting *
topic: RIGHT TO PROTEST
Our right to protest comes from a number of sources - the constitution, previous court cases, and local laws.
The first amendment to the constitution protects our freedom of speech, freedom of assembly, and freedom to petition the government to address grievances that we might have.
Numerous legal cases locally and nationally have emphasized the rights that the public has to protest.
The right to protest is a fundamental right in our country.
Your Rights at a Protest
This video cover the protections offered by the first amendment and ways to protect your rights when at a protest.
Dispersal Orders & Curfews
Because protesting is a fundamental right for people, shutting one down must 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 should include:
How much time people have to disperse
The consequences of failing to disperse
The clear exit route that protestors can follow
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:
Protesting Safely
If you are going out to protest, you should be prepared. We recommend that you bring weather appropriate supplies with you, such as:
A small bag
Hat, sunglasses, umbrella, light jacket
Comfortable shoes
A face mask
Because the path of a protest can vary and evolve, we also recommend that you prepare for being out longer than you expect. This might include:
Water, snacks
Simple first aid materials or medication
ID & cash
Phone & power bank
Before heading out, be sure to let friends and family know where you’re going. Develop a plan for how you’ll get home (ex: will you meet your ride at the starting spot? What meeting spot will your group use if you get separated?) A few other organizer tips are to:
Write down emergency numbers on your arm. If you are arrested, your possessions will be taken from you, so you likely won’t have access to your phone. Use a marker to write down your emergency contact’s phone number and the number to any local protest support hotlines.
Consider turning off Face ID, fingerprint, and location services on your phone. These make it difficult for law enforcement to access your location and devices (though for safety reasons, you may want to leave on location services so that loved ones can track you).
Protesting vs. Civil Disobedience
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, and in person marches or gatherings.
Civil disobedience is 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, but 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.
Lesson Plan
WANT A DEEPER DIVE ON YOUR RIGHTS WHEN PROTESTING?
Click below to view our protesting lesson plan