Peaceful Assembly
The First Amendment protects your right to peacefully assemble and petition the government. Know your rights and how to exercise them safely.
First Amendment Protection
Your Rights as a Protester
Right to Protest in Public Spaces
You can protest on public sidewalks, parks, plazas, and other public forums. You may need a permit for large gatherings or to use amplified sound, but you generally don't need a permit to march on sidewalks or gather in public parks.
Right to Photograph and Record
You can photograph and record anything in plain view in public spaces, including police officers. They cannot demand you delete footage or seize your phone without a warrant.
Right to Leaflet and Petition
You can hand out flyers, gather signatures, and display signs in public spaces. Content-based restrictions (banning certain viewpoints) are unconstitutional.
Right to Chant and Speak
You can chant, sing, and speak in public. "Time, place, and manner" restrictions (like noise ordinances) may apply, but cannot target specific viewpoints.
Legal Limits to Know
What Can Be Restricted:
- • Permits: May be required for large events or street closures
- • Private property: No right to protest on private property without permission
- • Blocking traffic: Marching in streets without a permit can lead to arrest
- • Trespassing: Must leave if told to by property owner or police (on private property)
- • Curfews: Emergency curfews may be enforced (though can be challenged in court)
- • Buffer zones: Some locations have legally mandated buffer zones
Even when arrests occur, unlawful restrictions can be challenged in court. Document everything and contact a civil rights attorney if you believe your rights were violated.
Safety at Protests
Before You Go
- • Tell someone where you're going and when to expect you back
- • Write emergency contacts on your arm in permanent marker
- • Charge your phone fully
- • Know the legal support hotline number
- • Bring ID (or know the risks of not bringing it)
- • Bring water, snacks, and any medications you need
What to Wear
- • Comfortable shoes you can move quickly in
- • Weather-appropriate layers
- • Avoid loose jewelry or anything that can be grabbed
- • Consider goggles if tear gas is possible
- • Cover identifying tattoos if desired
- • Dress in layers (easier to change appearance if needed)
At the Protest
- • Stay aware of your surroundings
- • Know where the exits are
- • Use the buddy system
- • Stay hydrated
- • Don't engage with counter-protesters
- • Follow the lead of trained marshals
Digital Security
- • Disable Face ID/fingerprint unlock (use passcode only)
- • Enable airplane mode when not using phone
- • Use encrypted messaging (Signal)
- • Don't post photos of others without consent
- • Be aware of surveillance (cameras, drones)
- • Consider a burner phone for high-risk situations
If Confronted by Police
Stay Calm
Keep your hands visible. Don't run. Don't resist physically.
Ask Questions
"Am I being detained?" "Am I free to go?" "What am I being charged with?"
Exercise Your Rights
"I am exercising my right to remain silent." "I do not consent to a search."
If Arrested
Don't resist. Invoke your right to remain silent and ask for a lawyer. Don't sign anything.
What Makes Protests Effective
- Clear demands: What specifically are you asking for?
- Broad coalitions: Diverse participation builds legitimacy
- Sustained pressure: One march isn't enough — persistence matters
- Nonviolent discipline: Violence undermines movements and public support
- Media strategy: Compelling visuals and clear messaging
- Connected to other tactics: Protests work best alongside lobbying, voting, and legal action
Resources
- ACLU: Know Your Rights — Protesters
- National Lawyers Guild — Legal support for protesters
- EFF: Surveillance Self-Defense — Digital security for activists
- Beautiful Trouble — Creative tactics for movements