Know Your Rights to Peaceful Protest

“Know Your Rights to Peaceful Protest”

The right to join with fellow citizens in protest or peaceful assembly is critical to a real democracy. But it is also very true that governments and police can violate this right.  They use mass arrests, illegal use of force, criminalization of protest, and other means intended to thwart free public expression a clear violation of the Constitution of the United States.
Standing up for your right to protest can be challenging, especially when demonstrations are met with violence from the police. But knowing your rights is the most powerful weapon you have against police abuse. Read on to learn what you need to know before heading out to exercise your constitutionally protected right to protest and free assembly.

    1.      The First Amendment prohibits restrictions based on the content of speech. Police and government officials are allowed to place certain narrowly drawn "time, place and manner" restrictions on the exercise of First Amendment rights as long as they are clearly posted and not made up as they go along.
    2.      All types of expression are constitutionally protected in traditional "public forums" such as streets, sidewalks, and parks.
    3.      The general rule for private property is that the owners of private property can set rules for speech on that property. If you disobey the property owner's rules, they can order you off.
    4.      If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit. Marchers may be required to allow enough space on the sidewalk for normal pedestrian traffic and may not maliciously obstruct or detain passers-by.
    5.      You may approach pedestrians on public sidewalks with leaflets, newspapers, petitions, and solicitations for donations without a permit.
    6.      Picketting is permitted as this is also an activity for which a permit is not required. However, picketing must be done in an orderly, non-disruptive fashion so that pedestrians can pass by and entrances to buildings are not blocked.
    7.      If Stopped by Police Don't argue, resist, or obstruct the police, even if you are innocent or you believe that the police are violating your rights. In some states, you must give your name if asked to identify yourself, but you do not have to provide an ID or other paperwork. Make sure to keep your hands where police can see them. Point out that you are not disrupting anyone else's activity and that the First Amendment protects your actions. Ask if you are free to leave. If the officer says yes, calmly and silently walk away.
    8.      Do not resist arrest, even if you believe the arrest is unfair. If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer. You have the right to make a local phone call, and if you're calling your lawyer, police are not allowed to listen.
    9.      You never have to consent to a search of yourself or your belongings. Police may "pat down" your clothing if they suspect you have a weapon, and may search you after an arrest.
    10. Remember: the street is not the place to challenge police misconduct. Don't physically resist officers or threaten to file a complaint. As soon as you can, write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first). Once you have this information, you can file a written complaint with the agency's internal affairs division or civilian complaint board; in many cases, you can file a complaint anonymously if you wish. You can also seek the assistance of an attorney or the ACLU.
    11. When you are lawfully present in any public space, you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and the police. When you are on private property, the property owner may set rules about the taking of photographs or video. Police officers may not confiscate or demand to view your digital photographs or video without a warrant, nor may they not delete your photographs or video under any circumstances. However, they may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

The Staff of The Henry County Community News Blog