Protesting and expressing yourself is a natural human right and, for Americans, is protected as a civil right in the First Amendment of the US Constitution. It’s important to remember laws and civil rights vary by jurisdiction so various cities, counties, states, provinces, and nations will have differences. Efforts have been made to ensure what is presented here is accurate for the United States.

The First Amendment prohibits many restrictions on speech, especially on content, however, courts have found that this prohibition is not absolute. Government is allowed to establish certain restrictions called “time, place, and manner” restrictions including permitting, as long as the restrictions apply equally to everyone and do not discriminate. Protesting in response to current, breaking events are generally exempt from permitting restrictions.

The First Amendment also protects symbolic expressions such as wearing masks or costumes or holding a candlelight vigil. If your activities include illegal acts however it may be grounds for arrest and prosecution. For example, painting and waving a protest sign is protected. Painting your message on the side of a building can be considered vandalism and therefore illegal. Exercising your right to free speech can also include distributing leaflets or flyers, asking for donations, and inviting people to sign petitions. These should be allowed without a permit.

While you are protesting, consider alternate means of sharing your message instead of just shouting. Shouting can facilitate the spread of disease. When many people are shouting or there is a lot of noise, individual shouts can be drowned out. Things like signs, tee shirts, or gestures can convey your message, do so safely, and be recognized and understood through pictures, video, and in person even when someone can’t hear or understand what you’re saying.

Remember the protest isn’t about you- it’s about others, righting wrongs, and effecting change.

How Should I Prepare To Attend A Protest?

Before you go protest, there are some things you should do to prepare. One of the most important is to know who is organizing the protest and what the purposes and goals of the protest are. Organizers, purposes, and goals are not always clear, but they can make a huge difference! You should also know the norms and expectations of the protest organizers, supporters, and any groups being supported. Be willing to let others who are better informed or better suited take the lead.

Protesting can be exhausting physically, but also mentally and emotionally.  Be prepared to experience a wide range of emotions. If possible, make sure you are well rested, fed, and hydrated before attending a protest.

You should attend a protest with a group of people you know and trust. Before arriving at the protest, your group should work out a plan. Know the role of each person. Who knows first aid? Who is the driver or is arranging transportation? Know how you plan to respond to different circumstances that might arise such as encountering counter protestors, encountering police, and bad weather. Know multiple routes to get to safety and get home. Each person in your group should know who to contact and how to contact them if you are detained or arrested, injured, or something else happens to you.

What Are My Rights When Protesting?

Your rights are strongest and most secure when you are protesting in public areas and on public property. This includes areas like streets, sidewalks, plazas, and areas around government buildings. You are not generally allowed to block access to government buildings or interfere with other use of public buildings or property. If you do not have a permit, you may be asked to move aside to let traffic or people through, or for other health and safety reasons.

Private property owners have the right to set rules about what is said and done on their property. If a private property owner allows you to protest on their property, the government cannot stop you. If you are protesting on your own property, the government cannot do anything about it. If a private property owner has given you permission to be on or use their property then changes their mind and asks you to leave, you must do so. Otherwise, they can call the police, have you removed, and charge you with trespassing.

If protesting has been allowed somewhere before, then you should be allowed to protest there.

Counter protestors have the same rights you do. Police are legally required to treat all protestors the same. Often, police will keep opposing groups separated, but they should allow you to be within sight and hearing of each other.

You have the right to decline a search of your person or your belongings as long as you are not detained or arrested. If you do choose to consent, anything the police find and anything you say can be used in court later on.

Restrictions on the route for a march, sound equipment, etc. may violate the First Amendment if they are not needed for traffic control, public safety, or if they significantly interfere with effective communication to an audience or with legitimate protest activities.

It’s important to keep in mind that just because you have the right to do something doesn’t mean it’s a good idea. Just because you have the right to do something doesn’t mean you should. Sometimes exercising your rights will cause problems or set other events in motion. Be wise in how, where, and when you exercise your rights. Be careful not to incite violence or encourage harming people or damaging property.

Do I Need A Permit?

Generally speaking, you do not need a permit to march or protest in the streets or on public property. Police can ask you to move aside to let traffic or people pass, or for health and safety reasons.

Permits may be required for marches or protests that block traffic, close streets, use sound amplifying equipment, or exceed a certain number of people.

Obtaining permits usually requires an application, planning, and following certain procedures which may vary by jurisdiction. If there is a fee for a permit, waivers will generally be allowed for those who cannot afford to pay the fee. However, police generally cannot use these procedures or lack of a permit to prevent a protest in response to breaking news and current events.

A permit cannot legally be denied because the event, event organizers, or participants are controversial or the views expressed are unpopular.

How Can I Be Safe While Protesting?

Plan ahead to attend the protest with friends or like-minded people you trust. Stay together and look out for each other. Each person in your group should know who to contact and how to contact them if you are detained or arrested, injured, or something else happens to you.

Eat and drink plenty of water before you go to the protest. Even if you bring water and food with you, events may prevent you from eating and drinking like you plan.

The best way to avoid being exposed to pepper spray is to try to stay at least 10 to 15 feet (3 to 4.5 meters) away from anyone who you suspect or know might have pepper spray. Goggles or a CBRN gas mask can protect your from pepper spray and tear gas. If you are exposed to pepper spray or tear gas, you should remove contaminated clothing or other items, wash your eyes or any skin that was affected, and shower as soon as you can.

If you cannot get a CBRN gas mask, the best protection will be offered by an N-95 mask. Tear gas can cause serious injury or death for those who experience asthma, COPD, and other respiratory conditions.

If you are exposed to tear gas you should do your best to stay calm, maintain slow even breaths, and move away from the tear gas quickly but calmly. When exposed to tear gas water is the best thing to use to wash it away. You can also use “LAW solution” which is a 1:1 mixture of unflavored liquid antacid and water, or a baking soda solution of 1 tsp (5 ml) baking soda to 8.5 oz. (251 ml) water.

If you are exposed to pepper spray, a LAW solution or baking soda solution is better than water for neutralizing the pepper spray.

Water cannons and rubber bullets are considered “non-lethal” but “less lethal” is a more accurate term. They can cause injury and in extreme circumstances, can cause deaths.

If someone near you is injured, give them space. If you have first aid training, you can help. Otherwise, see that the person gets medical attention as soon as possible and help keep others away so the injured person and people giving medical attention have plenty of space.

Protesting during a pandemic or even just cold and flu season has some unique factors you should consider. As appropriate, keep your distance from others not in your immediate close contact group. Wear a mask or at least have one with you that is appropriate for what you are doing and what you expect you may experience.

Consider alternate means of sharing your message instead of just shouting. Shouting can facilitate the spread of disease. When many people are shouting or there is a lot of noise, individual shouts can be drowned out. Things like signs, tee shirts, or gestures can convey your message, do so safely, and be recognized and understood through pictures, video, and in person even when someone can’t hear or understand what you’re saying.

Frequently wash your hands with soap and water or use an alcohol based hand sanitizer to help protect you from viruses and bacteria you may encounter. Try to avoid other people who are showing signs they might be sick such as coughing, sneezing, or vomiting. If you aren’t feeling well or have been exposed to a disease, stay home. You should also stay home if other health conditions put you at greater risk of contracting an illness or experiencing a mental or physical health crisis such as a heart attack or panic attack.

Know when to leave. Peaceful protests are sometimes hijacked by people with more violent agendas. If it looks like things are about to get violent or turn from protesting to rioting, leave calmly and quickly, but without drawing attention to yourself. Be prepared to get indoors, shelter, change clothes, or do whatever you need to in order to stay safe and avoid dangerous situations.

Keep to main streets when you are protesting, and especially when you are leaving. Side streets are more likely to be spots where you could be hurt or be snatched by police. Avoid people who look suspicious or like they are prepared for commit acts of violence or property damage. Police will sometimes try to trap protestors in a small area before using tear gas or other chemicals. Because police or protestors may shut down streets, you should know at least two ways of getting home.

Do your best to move with the crowd and stay on your feet. If you get knocked down, get up as quickly as you can so you don’t get trampled. If the crowd is moving quickly, get to the side and close to a wall to help support you if you can.

Social media can help you stay safe while you are protesting. You may be able to track how events are unfolding by following a hashtag or group. This can help you know if certain areas are unsafe, if arrests are being made, if tear gas is being used, etc. Be mindful that some people may use social media to spread false information, so make sure you trust your sources, and try to have more than one source.

You should also be careful what you post on social media. Anything you share showing or describing illegal activity can be used against you and others. Choose your words carefully so you don’t give the appearance of inciting violence or illegal activities. You should respect the privacy of other protestors. If you want to take pictures of video that include them, get their permission first.

How Should I Dress For A Protest?

You should definitely wear comfortable shoes. Even if you think you will be sitting for long periods such as if you’re planning to participate in a sit-in, odds are good you will still spend considerable time on your feet, and you may end up marching. Make sure your shoes are comfortable for standing, walking, or running- just in case.

You should wear clothes that are free of logos, writing, or pictures that could be used to identify you. To reduce your risk of being identified, you should also wear clothing that covers tattoos, scars, birthmarks, or other marks that could be used to identify you.

Wear multiple layers of weather appropriate clothing that cover your skin effectively. Layers will help ensure you can be as comfortable as possible whatever the weather. Wearing clothing that effectively covers your skin will help reduce your exposure to the sun and wind, and, if things get contentious, chemicals like pepper spray or tear gas. Dressing in layers, especially if the layers are thick, will also help protect you against things like beanbag rounds and rubber bullets. Layers, and even body armor will help reduce the pain and injury you experience, but will not protect you from getting hurt entirely. Don’t think wearing protection will allow you to get into fights with police or others.

Avoid wearing makeup or using sunscreen or lotions that are oil based because they can hold irritants like pepper spray and tear gas to your body and make your exposure worse.

Wear goggles or shatter proof glasses to protect your eyes. Do not wear contact lenses to a protest. Even if you are wearing glasses, it is still recommended you wear goggles to protect your eyes from things that can get around your glasses like gasses and liquids. A CBRN gas mask will offer the most protection for your eyes and airway. However, people are not used to seeing these and may react fearfully.

Don’t rely on wallets or pockets to keep your property and personal items secure. Use a backpack or two. A backpack on your front side can help protect you if you are pushed, jabbed, or hit in the chest or stomach, especially if it is stuffed with towels or extra clothes. If you do keep extra clothes packed in a backpack, seal them in a plastic bag to protect them from getting wet or contaminated by chemicals.

The more protected you are the more you send a message to others that you expect trouble, and the more likely you will be targeted by police, counter protestors, or others. It’s generally a good idea to try to find a balance between protecting yourself and making yourself a target or frightening others.

What Should I Bring When Protesting?

Do your best bring with you as little as possible. Identification and any permits related to the protest are important to have. Keep a little bit of money with you in case you need to buy food, make a phone call, pay for transportation, or in case unexpected needs arise.

Other things you should consider having with you are:

• A list of emergency contacts, including family and your attorney
• A first aid kit including bandages, wraps, antibacterial ointment, other basic wound care essentials, and basic pain killers like aspirin, ibuprofen, or acetaminophen
• Essential medications, an inhaler, epi-pen, or other essential medical products as well as basic personal hygiene products
• A dry bandana
• A bandana soaked in vinegar or cider vinegar and kept in a sealed plastic bag (this will help provide some protection and relief while you get out of the area safely and calmly if you have had tear gas used against you)
• Baby wipes and eye drops in a sealed container: these are great to help clean you up if you have been exposed to tear gas, pepper spray or other chemicals. Remember though, oil based products can make chemicals stick to your skin, so make sure to have water based products. You can make your own wipes using paper towels and a solution of baking soda and water
• Paper and something to write with in case you need to make notes or document anything
• Snacks
• Water in a bottle with a squirt top so it is easy to drink and can be used to flush eyes and rinse skin if you are exposed to tear gas, pepper spray, or other chemicals. The bigger the better!
• Baking soda to make a solution of 1 tsp (5 ml) baking soda to 8.5 oz. (251 ml) water
• Saline solution for washing eyes and wounds
• If you are experiencing your period or you expect it to start soon, bring some pads with you just in case. Avoid tampons because you may not have the opportunity to change them when you should
• Signs

If you bring your phone or other electronic devices to a protest, you may want to bring a charger or better yet, a power bank as well. Whether you bring a charger or not, make sure your phone is fully charged before you leave.

Can I Take Pictures Or Record Audio Or Video During Protesting?

When you are legally on public property, you have the right to photograph or record anything or anyone in public view. Police can order people to stop interfering with legitimate police operations, but you are not interfering if you are recording or taking pictures from a safe distance.

On private property, the property owner has the right to set rules about taking pictures or recording audio or video.

Police may not confiscate or demand to see photos or video without a warrant, nor can they legally delete any data under any circumstances. They may order you to cease activities that truly interfere with law enforcement activities.

There is a legal distinction between pictures and video and audio recordings, including the audio portion of a video. Some states may have laws in place that regulate audio recordings under wiretapping laws.

If you are stopped or detained for taking pictures or video you should always remain calm and never physically resist. Police cannot detain you without reasonable suspicion you have committed a crime, are in the process of committing a crime, or are about to commit a crime. If you are stopped, ask the police if you are free to go. If they say yes, walk away calmly. Do not antagonize the officer(s).

If you are detained, ask the police what crime you are suspected of committing and remind them taking pictures or recording video is protected under the First Amendment and does not legitimately constitute reasonable suspicion of a crime.

How Can I Protect Myself And My Property While Protesting?

You may want to consider wearing face paint, a hood, or a mask to help protect your identity. Wearing a mask may also reduce the risk of contracting or spreading disease depending on the type of mask you wear. Some people will use this anonymity to enable committing crimes under the guise of protesting. Wearing a mask or otherwise trying to conceal your identity may also make you more of a target for police or counter protestors. In some jurisdictions, it may also be illegal.

Use strong passwords on your electronic devices. Where possible, use a six digit passkey instead of four, or use a full password. Biometric access such as face or fingerprint recognition may be convenient, but they can also be used against you. Court rulings have ruled that police can use biometrics to access your devices without your consent, but they cannot force you to enter your passkey or password.

When you aren’t using it to communicate, you should keep your phone in airplane mode and turn off location services. This makes it harder for police to track or identify you. Turn off banner notifications, message previews, or other notifications that may come up on your screen when it is locked.

Whenever possible, use encrypted messaging apps or other encrypted means to communicate rather than standard text messaging or other unencrypted means. You should keep in mind that encryption or other electronic means of protecting your privacy may bring suspicion from police, and in some jurisdictions may be illegal.

If you are detained or arrested, make sure your electronic devices are turned off or at least locked with a secure passkey or password.

If you are concerned about being tracked or about privacy, don’t use Uber, Lyft, or other rideshare services because they can be used to track you. Instead, use personal vehicles, walk, bike, or use public transportation.

Why Should I Have Situational Awareness While Protesting?

It’s important to be aware of your surroundings wherever you are, but it is especially important when you are protesting. This doesn’t just mean what buildings are around you, but who is around you and what they are doing. Sometimes undercover police may infiltrate a protest. Signs someone may be an undercover officer are steel-toed boots, a colored armband, an earpiece, or the outline of handcuffs in their pocket. Someone carrying a bag with a big red cross on it is probably there to offer first aid if needed.

Keep in mind that running affects people. Running can cause an adrenaline rush which can affect how they respond to things. The fight or flight response can be powerful and supersede reason. If people see others running, they may run themselves. A few people running can cause a panic and a stampede.

Remember you’re not there to monitor the people’s behavior or correct others. If you’re uncomfortable separate yourself from the concerning people or leave the protest entirely. Trying to get others to change their behavior will likely just get you in trouble.

How Should I Deal With Counter Protestors?

Counter protestors will have opposing views, but they have the same rights you do. Treat them with patience, kindness, love, and respect.  Do not harass, insult, or threaten them no matter how they treat you.

How Should I Interact with Police?

Generally speaking, you should do your best to keep your distance from police. When you do interact with them, you should always stay calm. Do not resist, argue, or obstruct the police, even if you believe they are violating someone’s rights, including yours. Keep your hands visible.

In most states, you need to give an officer your name and address if they ask for it. This is one reason it’s important to look up the specific laws for your location before the protest.

Do not accept drinks, food, cigarettes, etc. from police. They will often use trick you by giving you things then collecting a DNA sample.

If you have questions about what the police are doing or why it is generally more helpful to ask to speak to a supervisor.

What Should I Do If The Police Issue An Order To Disperse?

Ordering a protest to disperse should be the last resort of police. Legally, they may not break up a gathering unless there is a clear and present danger of rioting, significant disorderly conduct, interfering with traffic, or other clear and immediate threats to property, health, and safety. If police do issue an order to disperse, they must give people time to comply, including enough time to clear a path or leave.

When a dispersal order is issued, people must be told clearly and in detail how much time they have to disperse, what the consequences of failing to disperse will be, and what clear, safe exit routes they can follow. Only after this notice is given can you be arrested or charged.

What Should I Do If I’m Stopped By The Police?

You have the right to decline a search of your person or your belongings until you are detained or arrested. If you do choose to consent, anything the police find and anything you say can be used in court later on.

What Should I Do If I Am Detained Or Arrested?

Ask why you are being detained or arrested. Tell the police you wish to remain silent and ask for a lawyer immediately. Do not say anything else or sign anything without consulting a lawyer. You do have the right to make a phone call. If you are calling your lawyer, the police are not allowed to listen in on your call. If you allowed to keep and use your own cell phone, you can call whoever you want, but remember the police may be listening in, tracing the calls, or otherwise monitoring your activity.

Make sure your phone and other electronic devices are turned off or locked with a secure passkey or password.

Once you are detained or arrested, police may pat you down and search you.

What Should I Do If I Think My Rights Were Violated?

Document everything you can. Take pictures of what is happening or what happened, the people involved, and any injuries. Write down everything you can including officer’s badge number, name, patrol car number, and the agency they work for. Get contact information for witnesses if you can. Once you have everything gathered and organized, you can file a complaint with the law enforcement agency’s internal affairs division or civilian complaint board.

As much as possible, keep all your originals and give internal affairs or the complaint board copies. Keep the originals for your own records. If you do not get a satisfactory response to your complaint you can share copies with your attorney or the media as needed.