SAFETY

Protect Yourself When Protesting

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Protesting is protected by the First Amendment, which allows you to assemble and express your views. However, some things can occur that require you to know your rights. There is currently a mass protest trying to be organized at every capitol in the USA, and so we felt this was an important time to pull some tips together on how to protest safely so you can stay informed.

 

 

ACLU SHARES ABOUT ATTENDING A PROTEST

 

The ACLU says:

 

  • Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.

 

  • Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.

 

  • Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.

 

  • When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.

 

  • You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.

 

 

What to do if you believe your rights have been violated

 

 

  • When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.

 

  • Get contact information for witnesses.

 

  • Take photographs of any injuries.

 

  • Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

 

 

What happens if the police issues an order to disperse the protest?

 

 

  • Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.

 

  • If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.

 

  • Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.

 

 

ACLU SHARES INFORMATION OF TAKING PHOTOGRAPHS OR VIDEO AT PROTESTS

 

With many documentarians, photographers, and videographers out there in the creative and journalistic scenes, the ACLU shares the following:

 

 

  • When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the owner may set rules about photography or video.)

 

  • Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

 

  • If you are videotaping, be aware that there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.

 

 

What to do if you are stopped or detained for taking photographs

 

  • Always remain calm and never physically resist a police officer.

 

  • Police cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so.

 

  • If you are stopped, ask the officer if you are free to leave. If the answer is yes, calmly walk away.

 

  • If you are detained, ask the officer what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

 

 

What to do if you believe your rights have been violated

 

  • When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.

 

  • Get contact information for witnesses.

 

  • Take photographs of any injuries.

 

  • Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

 

 

An additional note from us: Sometimes people will be unkind to you if you are documenting. They do not want their faces shown, they do not want to be tracked. This is totally valid. Someone told me something once at a protest: “You’re here to document, not out.” Find ways to hide people’s faces, and capture images from behind the crowd. Also, per drone laws, you cannot fly over people, and be careful where you are posting these images and videos later on.

 

 

TIPS ON WHAT TO BRING, WHAT TO WEAR, WHAT TO DO

 

 

As we’ve attended a few protests in our time, we feel it is important to point out certain things that you should be cognizant of when protesting:
  • Limit what you’re carrying. A small bag is okay, but make sure it’s not an identifiable bag that someone can track you with.

 

  • Hydrate and refuel: Protein bars, water bottles. A water bottle with a sport top / squirt top is good to have in case you end up needing to wash off injuries, clean eyes from tear gas, etc. Cash for food (don’t use your card).

 

  • All clothing should be non-logos. Cover your face, any identifiable traits, and tattoos. This would be a perfect time to also wear a N95 mask as there are spikes of sickness wiggling its way through the U.S..

 

  • Make your phone a passcode or pattern password only. Per our ‘Ways to Protect Yourself and Your Information‘ article, “Under current laws, police can force you to unlock your phone using facial recognition or fingerprint ID, but according to online sources, you legally do not need to present your password, passcode, or pattern lock. This is because you are protected by the Fifth Amendment (your right to not incriminate yourself). If you are going to protest or are arrested/detained, this protects what you have on your phone.” Some will say “leave your phone at home” but if you are alone or traveling to a protest, that could be cause of concern.

 

  • Write down any phone numbers you may need on your skin with a permanent marker. This could include your lawyer or the number for your local ACLU.

 

  • Signs are fine, but keep in mind that they’re also trackable, so if you go all out in creating a sign, you are making yourself slightly identifiable.

 

  • Do not post photos of yourself on social media at the protest, do not post your outfit, and do not post anything involving the protest. This is all trackable information, and you never know what can occur.

 

  • Wear sunglasses or your regular glasses in case of flying projectiles, bean bags shot by law enforcement, rubber bullets (it may not come to this but it all depends on how aggressive your protest location gets).

 

  • PHR.org shares some tips on how to protect yourself from tear gas: Cover your face, wear shoes you can run in, avoid wearing contact lenses (it can trap irritants / powder), avoid wearing makeup or eyeliner. For more information on what to do if you have been tear gassed, visit PHR.org here.

 

 

FINAL NOTES

 

  • Stay vigilant: Always keep your head on a swivel, keep eyes on everything around you at all times. You may be able to see something dangerous coming if it gets to that point.

 

  • Do not put yourself deep inside a protest if you feel you will get overwhelmed, have a panic attack, or can’t run. Stay on the outer edges. Earplugs are not a good thing to have in this scenario even if they help you calm down, because you may miss out on life saving information.

 

  • If you are going with friends, designate 2 safety meeting spots, one nearby the protest, and one a tad farther. If you get separated, you can wait a designated amount of time at one, and then head to the second one to await a longer time frame. If you are communicating via phone, use an encrypted app like Signal to share your whereabouts with the people you came with, do NOT use social media for any of your organizing.

 

  • No matter what, remain peaceful. If cops or anyone else can prove you were being aggressive, you will have more of an issue on your hands. Do not lay hands on anyone (unless they start it), and do not try to fight counter-protesters verbally. Counter-protesters will try to upset you to get a reaction, don’t let them win.

 

  • If something goes south, always proceed with helping yourself first before helping others. Do not offer medical assistance if you are not a medical professional.
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