At a protest

What you can say

I am exercising my First Amendment right to peaceably assemble.

Am I being detained, or am I free to leave?

I do not consent to a search.

I want to remain silent. I want a lawyer.

The law you are citing

First Amendment (Bill of Rights, ratified 1791):

Congress shall make no law... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment protects your right to gather peacefully on public property to express your views.

Quick limits

• Public sidewalks, parks, and plazas are generally protected for protest. Private property is not.
• Police can require permits for marches that block streets, and can enforce time, place, and manner rules that are not based on what you are saying.
• Blocking traffic, trespassing, vandalism, and threats are not protected, even if they happen during a protest.
• Police generally cannot order you to stop filming them in public.
• If police order the crowd to disperse, staying after that point can be a separate criminal charge.

If you are arrested

• Do not resist physically, even if you believe the arrest is unlawful. Argue the case later, with a lawyer.
• Say clearly: "I want to remain silent. I want a lawyer." Then stop talking.
• Do not consent to a search of your phone or bag. Police generally need a warrant to search a phone.
• You have the right to a phone call. Call a lawyer or someone who can call one for you.

If you need a lawyer

• National Lawyers Guild Legal Observer Hotline: Local chapters often staff hotlines during major protests. Search "National Lawyers Guild" plus your city.
• ACLU affiliate in your state: Each state has its own affiliate. Search "ACLU" plus your state.
• Public defender: If you cannot afford a lawyer, one will be appointed for you after arrest.