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The Rights Of Protesters

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What are the rights of protesters?

What happens when people don’t know the rights of protesters?

Protesting is a basic right in the United States. Unfortunately, often times the police violate a person’s right to protect.  Knowing the rights of protesters will help make sure protesters are protected from unlawful government behavior.

Protesting is a constitutional right. According to the ACLU, protesters have these rights: 

With very few exceptions, a person’s right to free speech cannot be restricted.

The government can require large groups of people to get a permit in order to use a place such as a public park or plaza. The government can place other restrictions on groups, such as sound restrictions, but they must apply the rules to all groups equally. They can also require permits for any rally that requires closing down streets.

Free speech is typically allowed in any type of public forums.  

You have the right to free speech on your own property or on another person’s private property with the owners approval; however, you do not necessarily have that freedom on other people’s private property. Private property owners set their own rules.

Protesters are allowed to distribute leaflets, petitions, papers, and can solicit donations as long as they do not block pedestrians or building entrances. They do not need a permit unless they intend to set up structures or tables.

You have the right to take photos and video of the protests.

Counter protesters may assemble peacefully. They cannot disrupt the group their protesting, but they can remain in the same vicinity.

Governments can sometimes charge fees on large protesting groups for expenses such as applications and clean-up. They cannot charge high fees.

If approached by police, you may have to give your name, but in the majority of states you don’t have to give them your ID. You can tell them you’re just exercising your First Amendment rights.

If you’re arrested, stay calm. Ask the officer why you were arrested. Do not answer any of their questions. Call your lawyer.

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