The First Amendment defends your right to assemble and protest. However, government officials and police may restrict freedom of expression in certain circumstances. Familiarize yourself with your rights at a protest in order to prepare yourself before hitting the streets and making your voice heard.
Know Your Rights at a Protest
You have a right to:
- Exercise free speech in public spaces like sidewalks, parks, and streets. You do not need a permit to march on the street or sidewalk, provided you don’t block pedestrians or cars. The police officers may request you move to the side to let others pass. You may also be allowed to speak in other public places the government has made available, including the plazas outside government buildings—as long as the protest doesn’t prevent government building access or interfere with its other uses.
- Free speech as a counter-protester. The police must not discriminate against the protestors or counter-protesters. The police have a duty to separate the rival groups, but they must remain within earshot and sight of one another.
- Set rules on your property as a private property owner. The government cannot restrict free speech on your property or any other property with the owner’s consent.
- Photograph anything in plain view in a public space, such as a government building or a police officer. It is not legal for police officers to demand that you delete your pictures and videos or to surrender your camera or phone without a valid warrant. The property owner has the right to set photography or videography rules on private property.
Actions That Are Not Protected Under the First Amendment
There are limits to the First Amendment, and it does not enable you to infringe on the rights of others. You can be arrested for inciting violence or committing other immediate crimes like threatening the safety of people or property. The First Amendment will not protect libel, slander, obscenity, violating copyrights, or threats. It also does not protect threats against the president, vice president, or other U.S. officials, since threatening elected officials is a federal crime.
What Are the Legal Options if the Police Violated Your Rights?
While it may be challenging to prove police violations, you need to gather as much information as possible. You need the agency involved, badge number, photos or videos of the illegal conduct, and witness information. You must file a complaint with the relevant authority depending on the type of violation. Consider contacting civil liberties groups, social justice organizations, or legal defense organizations in your area.
An attorney might be able to help you file a federal lawsuit for civil rights violations if you believe you have a strong case. The cost of proving these types of cases is often high, but you may be able to join a class action lawsuit if the police also violated the rights of other protestors.
Conclusion
You can exercise your constitutional freedoms while minimizing legal exposure by thoroughly understanding your rights and responsibilities as a protestor. Recognizing that protests are unpredictable is crucial, so you should be prepared for anything.