With the recent spike in protests, like the nationwide No Kings protests earlier this month, it’s important to know how to attend these rallies safely. If you’ve already been to a protest or are going to be attending your first one soon, here are some resources and tips out there to help you this election season.
Firstly, remember you have the right to freedom of speech. The United States Courts describe freedom of speech as the right “not to speak, to engage in symbolic speech, to protest war, to use offensive words or phrases to convey political messages.”
However, there are still some constraints. You’re not allowed to produce or give out obscene materials, partake in “imminent lawless action” or burn draft cards to protest against war.
The American Civil Liberties Union provides information on rights for protestors and how the right to assembly applies to protests, giving information on a variety of situations, including organizing a protest, attending one, or photographing one.
However, there are differences when protesting on private versus public property. Public property includes streets, sidewalks, parks and plazas in front of government buildings. You must ensure you aren’t obstructing traffic; you do not need a permit to protest, unlike on private property.
If a tense situation arises, be prepared to deescalate. The Human Rights Campaign suggests using “OODA Loop” or “Observe, Orient, Decide, Act”. Observe means you should identify the source of danger and your surroundings. “Human Rights Campaign” adapted this to protest settings, advising people to “Monitor crowd movements, police presence and signs of escalation.”
Orient is determining where you are and where you need to go. If you have any previous protest experience, compare it to your prior experiences and figure out your next steps. The decision is to choose an action that minimizes risk. You must choose to stay, reposition or leave.
Finally, act means to implement your decision and stay aware of changes in the environment. You need to move quickly and reassess immediately. Make sure to stay calm, and don’t be afraid to remove yourself from any situation that doesn’t seem safe to you.
If you are confronted by law enforcement, obtain as much information on the identities of the officers as possible.
This includes the officer's name, badge number, patrol car numbers and the agency they work for. Anything you find important, including contact information for witnesses, should be retrieved for future reference or if you need to file a complaint.
If you are taken into custody, New York state lawyers advise you not to lie to the cops, not to unlock your phone and not to accept drinks, gum, cigarettes or any ingestible items because the police can use them for DNA samples.
You should provide officers with your government name, ID, date of birth, address and any emergent medical needs. You have the right to remain silent, use the phrase “I am invoking my right to remain silent. I am invoking my right to talk to a lawyer.” Remember, anything you say in custody can be used against you in court.
In Ohio specifically, you have the right to contact a friend or family member to tell them you have been arrested; this isn’t limited to one phone call. You have the right to have a lawyer there during any identification procedure the police want to have, including suspect line-ups.
Multiple websites, like ACLU Washington and HRC, detail what to and not to bring to a protest. Protestors should bring identification, emergency contact information and any necessary medications. Try to steer clear of personal items, wearing contacts and anything that could be seen or used as a weapon. If you bring your phone, make sure it’s fully charged and turn off fingerprint, camera password protection and location.
With the division of the current political climate, protesting is becoming increasingly normal. Know your rights, important tips and stay safe this election season.
@othersideofreading
