Protest Rights and Advice
From the beginning, Gold Star Law has stood side by side with those who have faced discrimination and/or mistreatment at the hands of the government, police, and big insurance companies. Gold Star Law’s commitment to protecting the rights of the persecuted remains strong and we will be there for you as you seek to exercise your Constitutional rights in legal protests against police brutality and for equal treatment under the law. As we are increasingly seeing, information is power and this is why Gold Star Law wants to ensure that you are as empowered with information as you can be when you are protesting for your rights and for the rights of those who have faced systematic discrimination and mistreatment at the hands of the government and police. Towards that end, keep these things in mind as you head out to fight for all of our rights:
- Where you protest matters
- Your Constitutional rights are strongest when you protest in “traditional public forums” (i.e., streets, parks, sidewalks, etc)
- In these public spaces, you can photograph and video record (note – some states have tried to regulate the audio portion of a recording under wiretapping laws) anything that is taking place in plain view, including government buildings and the police
- Police CANNOT CONFISCATE or demand to view your pictures or videos without a warrant and they certainly CANNOT DELETE any data even with a warrant
- YOU DO NOT NEED A PERMIT to march in the streets or on sidewalks so long as you are not blocking vehicle or pedestrian traffic
- In these public spaces, you can photograph and video record (note – some states have tried to regulate the audio portion of a recording under wiretapping laws) anything that is taking place in plain view, including government buildings and the police
- Your Constitutional rights are strongest when you protest in “traditional public forums” (i.e., streets, parks, sidewalks, etc)
- If you are on private property and are either the owner or have permission from the owner to be there, the government CANNOT restrict your speech
- If you are stopped by police while protesting
- Always stay calm
- Keep your hands visible
- Even if you believe they are violating your rights, for your own safety, do not resist or obstruct the police
- Ask if you are free to leave and if you are, leave the area
- If you are under arrest
- Ask why you are under arrest and ask for an attorney IMMEDIATELY
- Otherwise, DO NOT SAY OR SIGN ANYTHING without an attorney
- You have the right to make a local phone call and if it’s to your attorney, the police cannot listen to the call
- Ask why you are under arrest and ask for an attorney IMMEDIATELY
- Whether you are under arrest or just stopped by police
- YOU DO NOT HAVE TO CONSENT TO A SEARCH OF YOUR PERSON OR YOUR BELONGINGS
- Doing so can have major consequences if you end up in court
- YOU DO NOT HAVE TO CONSENT TO A SEARCH OF YOUR PERSON OR YOUR BELONGINGS
- If you believe your rights have been violated
- Write down everything that you can remember
- Officers’ badge and patrol car numbers and the agency that they work for
- Name and contact information of witnesses
- Take pictures of injuries
- Write down everything that you can remember
Remember, the Constitution protects your right to assemble peacefully and make your voice heard through protest. If your rights are violated as you fight for equal protection under the law, Gold Star Law will stand up and fight for you.
