If you want to attend a demonstration or the Women’s March, read this fast primer to understand your First Amendment rights as a peaceful protestor.
Have you heard about, or intend to attend, the Women’s March in Washington, or a sister march in one of hundreds of locations throughout the country? If you want to protest or are interested in the First Amendment, this guide will help you understand your rights as a peaceful protester.
The First Amendment to the United States Constitution guarantees free expression and the right of the people to assemble peacefully. You have a constitutional right to protest and demonstrate. However, there are certain limitations to this right: you may gather in public locations like the street, but private property like the mall or city hall is not permitted. And if you are marching, there are typically additional laws and permissions necessary.
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If you want to utilize your First Amendment rights this weekend, keep the following criteria in mind:
Everyone has the right to object:
The First Amendment protects counter-demonstrators, and they are free to express themselves, but no one is permitted to disturb the other. Both demonstrations may be in close proximity to one another.
It is not so much what you say as it is how you say it:
Even if it is contentious, the First Amendment bans limits on speech based on its content. However, keep in mind that the Constitution does not protect everything in every situation; it does not protect libel, slander, obscenity, “true threats,” or speech inciting imminent violence or lawbreaking.
You do not need a permit:
The First Amendment provides the freedom to assemble in public places, and you do not require a permit if your protest has no substantial effect on traffic. Local governments, on the other hand, may demand a permission for large gatherings such as rallies and marches.
Printouts may be given to people:
You may distribute freebies to pedestrians as long as you are not obstructing building entrances or interfering with regular transportation. If you want to put up tables or structures, permits may be necessary.
You may photograph or videotape it:
Unless you are genuinely interfering with law enforcement efforts, you have the right to photograph or film a public location while legally present. Without a warrant, police officers cannot seize or demand to see your phone or digital images.
If the cops stop you:
Keep your cool and do not flee. Make sure your hands are visible to them, and do not dispute or resist. You are not required to provide identification, however you may state your name if requested. Also, emphasize that you are protected by the First Amendment. Asking if you are free to go should be done calmly and respectfully.
If you are arrested, you must:
Do not, once again, resist. Your Miranda Rights declare that you have the right to stay quiet and to consult a counsel. Nothing should be signed. You have the right to call, and the cops are not permitted to listen in.
If your rights are infringed, you have the following options:
If the treatment you received was not legal, attempt to document the occurrence and photograph any injuries. Do not argue; instead, disclose wrongdoing later. Do not notify the police whether you intend to sue or complain.
If you want to engage in civil disobedience:
Civil disobedience is a nonviolent method of protest that involves actively refusing to obey the law. If you are participating in this kind of demonstration, learn about your rights. Before trying this, we suggest consulting with a lawyer.
