Protest Safety and Legal Rights: Advice from an Attorney

Understanding Your First Amendment Rights

• ⚖️ The First Amendment guarantees the fundamental right to protest, speech, and to bring grievances to the government in the United States.
• 🗣️ In traditional public forums like streets and sidewalks, peaceful protests are a clearly protected First Amendment activity.
• ⚠️ Rights are diminished on government property not open to the public or on private property.

Navigating Protest Scenarios

• 🚶‍♀️ Stick with a buddy when protesting so someone is aware if you are arrested or need assistance.
• 👕 Consider what you wear; choose attire that either blends in or is distinctive, depending on your comfort level with being identified.
• ✍️ Write down key contact numbers in indelible ink on your person in case your phone is confiscated.
• 📱 Disable fingerprint and facial recognition unlock features on your phone to prevent law enforcement access if arrested.

Recording and Dispersal Orders

• 📹 You have the right to record law enforcement activity in public spaces, but avoid interfering with arrests.
• 📢 If a dispersal order is issued, it must be lawful to be effective, but for safety, it's best practice to disperse and follow officer instructions.

Post-Arrest Procedures

• 🤐 If arrested, exercise your right to remain silent and state that you will only speak with an attorney present.
• 🔒 Law enforcement generally needs a search warrant to go through your belongings, especially your cell phone, unless you provide consent.
• 🚫 Do not offer consent to searches; you are not obligated to agree.

Importance of First Amendment Rights

• ✊ Exercising First Amendment rights is imperative for speaking truth to power and holding government accountable.
• 🚨 The erosion of First Amendment rights could lead to the loss of other constitutional rights.