Before You Fight on the Frontline, Know Your Rights

By: Da’Zhane Johnson

Last week, the world witnessed another unfortunate killing of a Black man named George Floyd. The incident proved to be the boiling point for both outrage and silence. In response, countless protests were held in honor of Floyd and the other victims who died due to police brutality.

The right to peacefully protest is clear as day in The First Amendment. A small sit-in during an elementary history class can bring you this knowledge. The March on Washington in 1963 is just one of many examples. However, like with any legal entitlement, the nitty-gritty of politics can become complicated when dissecting the details related to this amendment. So, if you are planning to host, participate, or just want a little knowledge, keep reading.

1. Do I need a permit?

First and foremost, you do not need a permit unless you are blocking traffic, utilizing large voice amplifiers (like loudspeakers), or on private property. It’s important to note that law enforcement cannot prevent rallies due to lack of a permit, specifically if the protest occurs from a current event.

Now, let’s say your perfect protest location is on private property – do your rights change? The answer to that is, kinda. The government still cannot silence your voice. Your permit grants you the freedom to assemble on the property; however, the property owner can set rules and restrictions on your speech. In short, an owner in support of your cause is necessary.

Public property includes sidewalks, parks, and streets (again – streets only, not highways).

2. Can law enforcement force us to disperse?

If the protest blocks traffic or is determined to be a public safety issue, then law enforcement may ask you to go home. A dispersal order must address how much time attendees have to leave, clear exit routes, and the repercussions of not leaving. The time given must also be reasonable and sufficient.

Please do not confuse this order with the pleading cries of your local government officials. The dispersal order should come directly from government officials and law enforcement as a last result to disorderly protesting.

3. What rights do I have for photography and videography?

Law enforcement might try to convince you that recording them is illegal. It is not. Anyone interfering with police operations can be told to move. Officers cannot ask you to stop recording. Conclusively, record from a distance.

While attending a public protest, you are giving your consent to any photos or videos taken by others. Each state has laws to regulate the audio portion from your videos.

Officers are also not allowed to confiscate your phone, nor delete any photos/videos.

4. In the event I am arrested, what are my rights?

Before attending the event, make sure to write any number you’d like to call on your arm. You can disclose your name and question the reason for your arrest. The next question should be: “can I leave?” If the answer is yes, walk away calmly.

It is suggested that you remain silent about any other topic (including citizenship) until a lawyer is present. Additionally, do not sign anything without a lawyer present.

If you consent to any search, be aware that this could affect you in court.

Within the Constitution, Congress may not create any laws that prohibit peaceful assembly and petition the government. This one sentence upholds your right to protest, but it does not explain the regulations of protesting. Be sure to check out protest regulations within your state as well, here.

Overall, remember the main reason for law enforcement is to protect your right to assemble.

Please keep detailed notes of police actions, brutality, and injuries. Your notes should include times, locations, and the name of the officers involved.