What are Your Rights When it Comes to Public Protesting?

If you are anxious to exercise your 1^st Amendment right to express yourself by participating in a public protest, it’s important 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.

Your Rights 

You are allowed to assemble and speak out in any traditional public forum, such as sidewalks, parks, and streets, and even in front of government buildings. You are not allowed to block access to those buildings, however. No permit is required to march on sidewalks or streets, but you cannot obstruct pedestrian or vehicular traffic without one. If a permit for the event has been obtained, a march can occur that requires the blocking of traffic, or even street closures. These types of protests may use amplification systems, while rallies that don’t have permits cannot. When it comes to 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. Other things worth knowing include:

• Counter-protesters have the same rights you do. While police may try to keep groups apart from one another, they should be allowed to be within earshot and sight of one another,
• When you choose to engage in a legal gathering in a public location, you may photograph anything you see, including police interactions. (On private property you must abide by the owner’s rules).

Can Undocumented Individuals Protest? 

Anyone in this country, including undocumented individuals, shares the same rights to free speech. That means they, too, have the right to protest, gather, or march to express their views. That being said, it’s important to note that the risk of a police encounter could be significant for undocumented individuals, since any meeting 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 speak out against policies they disagree with.

If you Choose to Protest, Hope for the best; 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:

• Carry an attorney’s phone number with you;
• Have a back-up plan for child care or other necessities just in case you don’t make it home as planned;
• Know the route of the march and identify potential escape routes;
• If you are stopped, ask if you are under arrest or if you are free to go;
• If you are a legal resident, carry your green card;
• Exercise your right to be silent;
• Don’t resist arrest;
• Never consent to a search;
• Either leave your phone at home or turn off the facial and fingerprint recognition system so police cannot access your phone against your will;
• Try to get the contact information of potential witnesses;
• Photograph officers’ badge numbers, patrol cars, injuries, and other details that may help later.

Lobo Law 

At Lobo Law, our dedicated Las Vegas 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.