What are Your Rights When it Comes to Public Protests?

If you are anxious about exercising your 1^st Amendment right to express yourself by participating in a public protest, you’re not alone. Recent government actions have put a lot of people on edge, particularly if they are not U.S. citizens.  It’s critical to know that the government—usually through the police— is permitted to put some restrictions on what you’re allowed to do. Being familiar with the legal expectations can help you avoid trouble with the law.

You Do Have Rights 

You are permitted to assemble and speak out in any traditional public forum, such as sidewalks, streets, and parks, as well as in front of government buildings. However, you are not allowed to block access to those buildings. A permit is not required to march on sidewalks or streets, as long as you do not obstruct pedestrian or vehicular traffic.

A march that requires the blocking of traffic or street closures can occur only after organizers have obtained a permit. These protests may use amplification systems, while rallies that don’t have permits cannot. In terms of private property, you are expected to abide by the rules set by the property owner. (Likewise, you cannot be stopped from expressing your views on your own property.)  When you choose to engage in a legal gathering in a public location, you are allowed to photograph anything you see, including police interactions. (On private property you must abide by the owner’s rules).

It’s worth noting that counter-protesters have the same rights you do.  Police may try to keep conflicting groups apart from one another, although they should be allowed to be within sight and earshot of one another,

Can Undocumented Individuals Legally Protest? 

Anyone in this country, including undocumented individuals, shares the same rights to free speech. That means these individuals, too, have the right to protest, gather, or march to express their views. However, it’s critical to note that the risk of a police encounter could be significant for undocumented individuals. Unfortunately, recent events indicate that any meeting with law enforcement could ultimately lead to deportation, whether or not an arrest occurs. And while it’s true that the 1^st Amendment also protects people from acts of retaliation from the government, we’ve seen numerous arrests of students, immigrant leaders, and activists who’ve spoken out against policies they disagree with.

If you Do Protest, Hope for the Best But be Prepared for the Worst 

If you choose to participate in a protest of any kind, it’s wise to be prepared for anything to happen:

• Familiarize yourself with the route of the march and identify potential escape routes;
• Carry the phone number of an attorney with you;
• Have a back-up plan for issues like child care just in case you don’t make it home as planned;
• If you are a legal resident, carry your green card;
• If you are stopped by law enforcement, ask if you are under arrest or if you are free to go;
• Remember that you have the right to remain silent;
• Never resist arrest;
• Do not consent to a search;
• Ideally, leave your phone at home ; if you do bring it, turn off the facial and fingerprint recognition systems so police cannot access your phone against your will;
• Take pictures of officers’ badge numbers, patrol cars, injuries, and other details that may help later.

At The Law Office of Hammad S. Matin, P.A., our dedicated La Plata criminal defense attorneys are here to fight for your constitutional rights. To discuss, schedule a confidential consultation today.

Source:

aclu.org/know-your-rights/protesters-rights#:~:text=The%20First%20Amendment%20protects%20your,heading%20out%20into%20the%20streets.