What are your rights at a protest?
Lots of people have been expressing themselves loudly in the streets in recent weeks and months across the country, making their voices heard about the most important issues facing our world today.
Whether you are a die-hard Trump supporter, an anti-fascist soccer mom, or a pro-life activist, there are some things you should know before hitting the streets, like:
- What are your constitutional rights at a protest,
- What are your rights if you are a counter-protester, and
- What should you do when your rights are violated by law enforcement at a protest?
What are My Rights at a Protest?
The recent “No Kings” protests in Columbia, SC, and Myrtle Beach, SC, were just two of over 2000 No Kings rallies around the country, scheduled on the same day and as a counter-point to President Trump’s big, beautiful military parade that cost our country between $45 and $100 million and killed a woman as the tanks were returning from the parade to a railyard.
At the No Kings rallies and other similar events, you have rights, including the right to:
- Assemble peacefully, subject to reasonable time and place requirements, including permitting requirements,
- Speak, sing, hit a drum, play an instrument, carry signs, or convey your message in any way you want, so long as you are not blocking access to government buildings, using threatening or violent language, or violating other laws,
- Be free from unreasonable searches or seizures by law enforcement,
- Carry a weapon, including a firearm, if it is carried in compliance with all SC and federal laws,
- Photograph or record video of anything in plain view in a public space, and
- Record audio of any conversation that you are a party to without informing the other person that you are recording.
You do not have the right to:
- Protest on or damage private property,
- Block access to or damage government or public property,
- Assemble without a permit when the permit requirement is reasonable,
- Interfere with the police (standing at a respectful distance and recording is not ordinarily interfering), or
- Disobey a lawful police command, like a lawful command to disperse if there is a danger to public safety.
Counter Protesters Have Rights, Too
Counter-protesters should be treated the same as protesters by law enforcement. All have equal free-speech rights, including the right to protest the protesters.
Law enforcement should separate antagonistic groups to prevent potential violence and should intervene when there is a danger to the safety of the public or the protesters, but should otherwise allow the groups to remain within proximity to each other and respect the First Amendment rights of both groups.
Counter-protesters do not have the right to show up solely to attack, intimidate, or frighten protesters, but they must be allowed to express their views in compliance with First Amendment law.
What are My Specific Constitutional Rights at a Protest?
What are your specific constitutional rights?
Here are some examples:
- First Amendment – gives you the right to peacefully assemble, to freedom of speech, and to petition the government for a redress of grievances,
- Second Amendment – gives you the right to carry a firearm, even at a protest,
- Fourth Amendment – gives you the right to be free from unreasonable searches or seizures, including being shot with rubber bullets for no reason, being assaulted by police, being handcuffed by police, being pepper-sprayed by police, or being frisked without cause,
- Fifth Amendment – requires a grand jury to find probable cause before a person can be tried for a crime, includes protections against Double Jeopardy, self-incrimination, or taking of personal property, and includes Due Process – if you are charged with a crime or arrested, the process must be fair,
- Sixth Amendment – if you are charged with a crime during a protest, you have the right to a speedy trial, a public trial, and a jury trial with the jury selected from the county where the alleged crime happened, to be informed of the charges, to cross-examine any witnesses against you, to subpoena witnesses yourself, and to have an attorney help you defend yourself,
- Eighth Amendment – if you are charged with a crime during a protest, you have the right to bail and to be free from excessive fines or cruel and unusual punishment.
What Should I Do if My Rights Are Violated?
Do not become angry or “out of control” – if your rights have been violated, including an illegal arrest or detention or the use of excessive force resulting in injuries, you should:
- Not make any statements to law enforcement,
- Write down the officers’ badge numbers, agency, and names,
- Take down contact information for any witnesses, and
- Contact your criminal defense attorney immediately to find out what your next steps are based on your unique circumstances.
Criminal Defense Lawyers in Myrtle Beach, SC, and Columbia, SC
The criminal defense attorneys at the Thompson & Hiller Defense Firm focus exclusively on criminal defense cases in SC. We have obtained dismissals, pre-trial diversion resulting in dismissals, or acquittals following trial in hundreds of criminal cases, and we have a record of proven results.
We accept criminal defense cases in Columbia, SC, as well as Myrtle Beach, SC, and the surrounding areas, with offices in both locations to better serve your needs.
If you have been charged with a crime in SC or if you think you may be under investigation, call us now at 843-444-6122 or contact us through our website for a free initial consultation to find out if we can help.
