Arrested for Protesting? Here’s What To Do.
Unless you’ve been living under a rock this whole time, the polarization of America between the issues such as race and politics has gotten incredibly bad. The most recent protesting occurring in large and small cities, big and small towns and perhaps in your own neighborhood is because for 8 minutes and 46 seconds, George Floyd, a black man was pinned down by the knee onto his neck by a white police officer and died. No matter what your beliefs are, it’s clear that a man’s dignity was taken, died unnecessarily and his life mattered. America is upset that black people are unfairly treated and when encountered by the police, all too often and in disproportionate numbers, are killed. Protesting for change is a right and is protected by the United States Constitution, yet, you can be arrested if you’re doing something illegal. Here are some tips to serve as a guide for lawful protest and info in the event you are arrested. Please be safe always and thank you for exercising your rights in a lawful manner.
Your rights
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.
Do I need a permit?
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.
Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of sound amplifying devices; or a rally over a certain size at most parks or plazas.
While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events.
Restrictions on the route of a march or sound equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.
A permit cannot be denied because the event is controversial or will express unpopular views.
If the permit regulations that apply to your protest require a fee for a permit, they should allow a waiver for those who cannot afford the charge.
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.