Advertisement

Protester holding sign saying Justice for George Floyd
The right to peacefully protest is constitutionally protected. Please see the tips below on what to do if you are confronted by law enforcement during a protest.    Your Rights As a Protester
  • You are required to provide your name, address, or date of birth to a law enforcement officer upon request.
  • You can be arrested for refusing to identify yourself to an officer.
  • What you say to the police can be used against you, and it can give the police a pretext to arrest you - especially if you "bad mouth" an officer.
  • You do not have to consent to a search of yourself or your car.
  Limitations on Speech
  • The government can limit speech by imposing "time, place, or manner" restrictions, for example, by requiring permits for demonstrations and rallies.
  • The First Amendment does not protect speech that incites violence, is obscene, or is threatening.
  • It is a federal crime to threaten to harm the President, the Vice President, or a major candidate for either office.
Limitations on Action
  • If you endanger others by your means of protest, you can be arrested. A protest that blocks traffic is illegal without a permit.
  • You have the right to distribute literature, chant, and engage the public, but you do not have the right to block a building entrance or physically harass people.
  • Protesting on private property is not protected by law.
  • Interfering with, touching, or verbally antagonizing the police could result in arrest.
  • Avoid carrying any drugs or weapons. If you happen to be arrested, you could face additional charges for their possession.
If You Are Arrested
  • Do not run or resist. It may result in additional charges.
  • The process, from arrest to release on bail, should take 24-36 hours.
  • The police will ask you for basic biographical information and will take your fingerprints and photograph, unless you have been charged with a very minor crime.
  • You will then be interviewed by a court agency so that bail can be assessed. You do not have to answer their questions, but giving accurate information will speed the process.
  • You can hire an attorney to represent you at the arraignment and present arguments regarding bail.
  • The judicial officer will set bail according to several factors (local connections, seriousness of the crime, how many other protesters have been arrested, etc.)
  • There are three main types of crimes that you could be charged with. They are, from least to most severe, a minor misdemeanor, a misdemeanor offense, and a felony offense.

*Adapted/condensed from the ACLU Publication "Protesters: Know Your Rights! The information is provided for informational purposes only, and should not be construed as legal advice.