Situation card · Know your rights
Your rights at a protest
What to say and do if you are stopped, questioned, or threatened with arrest at a protest.
The 10-second version: say this
- 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.
If police order the crowd to leave, leave. Argue it later with a lawyer.
Do
- Stay on public sidewalks, parks, and plazas.
- Follow orders to leave the area.
- Write a lawyer's number on your arm.
- Stay with people you know.
Don't
- Don't block traffic or building entrances.
- Don't resist arrest, even if it seems unfair.
- Don't consent to a search of your phone.
- Don't stay after a lawful order to leave.
Where and how you can protest
- Public sidewalks, parks, and plazas are generally protected places to protest.
- Private property is not. The owner can ask you to leave.
- Cities can require permits for marches that block streets.
- Cities can set rules about time, place, and manner. These rules cannot be based on what you are saying.
What is not protected
- Blocking traffic without a permit.
- Trespassing on private property.
- Damaging property.
- Threats of violence.
These are not protected, even when they happen during a protest.
Recording at a protest
Many federal appeals courts have said you have a right to record police in public. Do not get in their way while you record. See the card "Recording police" for more.
If police order the crowd to leave
- An order to leave is called a dispersal order.
- Staying after a dispersal order can be a separate crime.
- Leave by the route police give, if they give one.
If you are arrested
- Do not physically resist, even if you think the arrest is unfair. A lawyer can challenge it later.
- Say: "I want to remain silent. I want a lawyer." Then stop talking.
- Say: "I do not consent to a search." Police generally need a warrant to search your phone.
- Many states let you make a phone call after you are booked. Call a lawyer or someone who can find you one.
Common questions
Is it legal to protest?
Yes. The First Amendment protects your right to speak and to gather peacefully. Public sidewalks, parks, and plazas are generally protected places to protest. Blocking traffic without a permit, trespassing, damaging property, and threats of violence are not protected.
Do I need a permit to protest?
It depends on your city and the kind of protest. Cities can require permits for marches that block streets. Cities can also set rules about time, place, and manner, but these rules cannot be based on what you are saying. Check your city's rules.
Can police arrest me at a protest?
Yes, if police have probable cause that you broke a law, such as blocking traffic or staying after an order to leave. If you are arrested, do not physically resist. Say: "I want to remain silent. I want a lawyer." A lawyer can challenge the arrest later.
Can I record at a protest?
Yes, in most cases. Many federal appeals courts have said you have a right to record police in public. Do not get in their way while you record. Police generally need a warrant to search your phone.
What is a dispersal order?
A dispersal order is an order from police for a crowd to leave an area. Staying after a lawful dispersal order can be a separate crime. Leave by the route police give, if they give one. You can challenge the order later with a lawyer.
Can I protest on private property?
Generally, no, not without the owner's permission. The First Amendment limits the government, not private owners. The owner can ask you to leave, and staying can be trespassing. Public sidewalks, parks, and plazas are the most protected places to protest.
The law you are citing
First Amendment (1791): The government cannot punish you for speaking or for gathering peacefully.
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.
Fourth Amendment (1791): Police generally need a warrant to search you or your things.
Fifth Amendment (1791): You do not have to be a witness against yourself.
Get help
- ACLU: Protesters' rightsaclu.org/know-your-rights/protesters-rights
- National Lawyers GuildLocal chapters often run legal hotlines during large protests.
- Find a free lawyerIf you are charged with a crime and cannot pay, ask for a public defender.