Know your rights


As more and more students–and people in general–become affiliated with protests and use their voices to raise awareness, it becomes more important than ever to know your rights as a protestor to avoid harmful scenarios. Whilst there are tons of rights that should be known and will be listed out here, but it’s still important to do your own research for your state, district, school, etc.

1. On public property such as sidewalks, streets, parks, and government buildings are where your rights come into effect the most. As long as access to these buildings isn’t negated, it is legal to protest there. On private property, however, the freedom of speech and protest is up to the property owner. Counter-protestors also have the same rights as normal protestors, but police are able to separate antagonizing groups.

2. Most protests do not require a permit–unless they block the street or do something else disruptive of the like–and there are many ways to get around the situations where they are necessary. Police are not able to disperse protests without a last resort and a good reason to do so. If they do, they must have clear statements of things like time limit, consequences, and an exit route.

3. Videos and photos are legal to be taken in public spaces but can be regulated in private spaces. If you’re not under arrest, a police officer needs a warrant to confiscate your device. Audio and video is an important difference legally; audio recording is illegal in some places.

4. You shouldn’t resist an officer but officers can’t detain you without reasonable suspicion. Ask the officer if you are free to go. Walk away calmly if you are and ask the officer what you are suspected of committing if not. Remind the officer that taking pictures and videos is legal if that is the reason. When stopped by a police officer overall do each of the following: stay calm, keep hands visible, don’t argue or resist, point out that you aren’t disruptive, point out your First Amendment rights, leave calmly if they let you, ask why you are under arrest, say you wish to remain silent and do so, and ask for a lawyer immediately. You don’t have to consent to a search. You can still be “pat down.” You can be searched after an arrest. Your data cannot be viewed without a warrant but they can ask civilians to end actions that are genuinely interfering with law enforcement.

If any of your rights are violated, make sure to record everything. Include officer information, agency information, witness contact information, photographical evidence (of damages for example), and then file it all in a report with the agency’s internal affairs division or civilian complaint board.

Know your rights.

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