Did you attend a public protest, only to be arrested? You thought you had a First Amendment right to express your views, so why did you wind up behind bars? The laws on the books may seem murky at times, but if you feel you were wrongfully arrested, you need a tough criminal defense attorney fighting for you.
Your Rights
Anyone is allowed to assemble and speak out in any traditional public forum, including streets, sidewalks, and parks, as well as in front of government buildings. However, blocking access to those buildings is a no-no. A permit is not required to march on sidewalks or streets, but pedestrian or vehicular traffic cannot be obstructed. 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.)
When a Permit is Obtained
If a permit for the event has been acquired, a march can occur that requires street closures for a few blocks, or just the blocking of traffic. Such protests may use amplification systems, while rallies that don’t have permits cannot. When it comes to private property, everyone must abide by the rules set by the property owner.
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,
Can Undocumented Individuals Protest?
Everyone in this country, including undocumented individuals, shares the same rights to free speech. That means undocumented people have the right to protest, gather, or march to express their views. However, it’s important to note that the risk of a police encounter could be substantially more dangerous for undocumented individuals, since it could ultimately lead to deportation, whether or not an arrest occurs. While it is true that the First Amendment also protects people from acts of retaliation from the government, we have seen numerous arrests in recent times of students, immigrant leaders, and activists who speak out against policies they disagree with.
Hope for the Best; Prepare for the Worst
If you choose to participate in a protest of any kind, it’s smart to be prepared for anything to happen. You can increase your chances of escaping problems by taking some cautionary steps:
- Identify the route of the march and pinpoint potential escape routes before you start;
- Carry an attorney’s phone number with you;
- Have a backup plan for childcare or other necessities just in case you do not make it home as planned;
- If police stop you, ask if you are under arrest or if you are free to go;
- Legal residents must carry a green card;
- Exercise your right to be silent;
- Avoid resisting arrest;
- Never consent to a search;
- Either leave your phone at home or turn off the fingerprint and facial recognition system so law enforcement cannot access your phone against your will;
- Try to get contact information of potential witnesses;
- Photograph officers’ badge numbers, patrol cars, injuries, and other details that may help later.