The First Amendment of the Constitution guarantees your right to assemble and express your opinions. Make sure to know your rights before heading out to a protest.
Your Rights as a Protester
- You have a right to protest in “traditional public forums” such as streets, sidewalks, and parks.
- Private property owners can set the rules for speech on their property. However, the government may not restrict your speech on your own property or with the consent of the property owner.
- When you are lawfully present in any public space, you have the right to record police doing their jobs. Oregon law states that you can record images, video, and audio if doing so is “openly and in plain view”.
- The police may not confiscate or demand to see your photographs or videos without a warrant nor may they delete data under any circumstances.
- If you get stopped by the police, ask if you are free to go. If they say yes, then calmly walk away.
- If you are being arrested, you have the right to ask why. Otherwise, you have the right to remain silent and ask for an attorney, and don’t sign anything without a lawyer present.
This information comes from the ACLU and Oregon Justice Resource Center. The National Lawyers Guild provides a more detailed and thorough guide to your rights as a protester here. If you need legal advice, please consult a lawyer.
If you want to download graphics to share about your protest rights, the ACLU has a set of graphics that you can download and share here.
Remember that protests are the most effective when they are nonviolent and peaceful. Violence and property destruction only plays into the hands of the Trump administration and the Republicans. Stay safe and fight for justice and democracy!