Know Your Protest Rights

The right to protest is fundamental to our democracy. This right is grounded in the First Amendment's protections for the freedom to speak, the freedom to assemble, and often the freedom to petition. It includes everything from speaking and holding signs to symbolic speech. It also protects arranging peaceful marches and assemblies on certain public lands.

In this moment, we have a right to freely express our political opinions without censorship or violence. Here’s what you need to know before heading out to exercise your constitutionally protected right to protest.

We the People have the constitutional right to protest — and we will fight to ensure no one interferes with that right.

Know Your Rights

Protester's Rights

The First Amendment protects your right to assemble and express your views through protest. However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Make sure you’re prepared by brushing up on your rights before heading out into the streets.
  • You don't need a permit to protest in response to breaking news and you don't need a permit to march in the streets or along sidewalks, as long as you're not obstructing traffic or access to buildings.
     
  • 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.
     
  • If you believe your rights have been violated, when you can, write down everything you remember, get contact information for witnesses, and take photographs of any injuries.
     
  • If you get stopped by the police, ask if you're free to go. If they say yes, calmly walk away.
     
  • If you get arrested, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don't sign, say or agree to anything without a lawyer present.

PROTESTERS' RIGHTS

Stopped By Police

Being stopped by police is a stressful experience that can go bad quickly. Here we describe what the law requires and also offer strategies for handling police encounters. We want to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers.
  • You have the right to remain silent. You do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. 
     
  • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
     
  • If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
     
  • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.

STOPPED BY POLICE

Students' First Amendment Rights

  • You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate school policies that don’t hinge on the message expressed.
     
  • What counts as “disruptive” will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts have upheld students’ rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community.
     
  • Schools can have rules that have nothing to do with the message expressed, like dress codes. So, for example, a school can prohibit you from wearing hats — because that rule is not based on what the hats say — but it can’t prohibit you from wearing only pink pussycat hats or pro-NRA hats.
     
  • Outside of school, you enjoy essentially the same rights to protest and speak out as anyone else. This means you’re likely to be most protected if you organize, protest, and advocate for your views off campus and outside of school hours.
     
  • You have the right to speak your mind on social media, and your school has the least authority to punish you for content you post off campus and outside of school hours that does not relate to school.

Students' First Amendment Rights