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📋 Preparing for a Protest

Legal guidance for planning to attend an ICE demonstration

Planning ahead? Use this guide to understand your rights, create an emergency plan, and prepare safely before attending a protest.

Your Constitutional Protections

1st Amendment: Right to Peaceful Assembly

"Congress shall make no law... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

You have a constitutional right to protest peacefully in public spaces.

Right to Record Police

Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011): Federal appeals court affirmed the right to record police officers performing their duties in public.

You can legally record ICE and police activity from public spaces.

5th Amendment: Right to Remain Silent

"No person... shall be compelled in any criminal case to be a witness against himself."

You do NOT have to answer questions about your identity, immigration status, or activities. You MUST verbally invoke this right.

Before You Go Checklist

✓ Know Your Rights

  • •You have the right to peacefully assemble in public spaces (streets, parks, sidewalks)
  • •You can chant, hold signs, and express political views
  • •You can record police and ICE officers performing public duties
  • •You have the right to remain silent if questioned
  • •You can leave the protest at any time if not under arrest
→ Read full protest rights guide

✓ Create Emergency Plan

Legal Contact Card - Write this information on a physical card and keep it in your pocket:

  • • Lawyer name & phone number
  • • Emergency contact (family/friend)
  • • Medical conditions (if any)
  • • "I am exercising my right to remain silent"
  • • "I do not consent to any search"
  • • "I want to speak with a lawyer"

Important: Memorize your lawyer's phone number. If detained, you may only get one phone call.

✓ What to Bring

  • ✓Water - Stay hydrated
  • ✓Charged phone - For recording and emergency calls
  • ✓Portable charger/battery pack
  • ✓Emergency contact card - Physical card with lawyer & emergency contacts
  • ✓Pen - To write down badge numbers, incidents
  • ✓Photo ID - Some states require ID when asked by police
  • ✓Cash - For bail or emergencies
  • ✓Comfortable shoes - You may be standing for hours

⚠️ What NOT to Bring

  • ✗Weapons - Including knives, mace, or anything that could be construed as a weapon
  • ✗Drugs or alcohol - Can lead to additional charges if arrested
  • ✗Valuables - Expensive jewelry, laptop, etc. (risk of loss or confiscation)
  • ✗False identification - Using fake ID is a crime
  • ✗Items you can't afford to lose - Police may confiscate belongings

✓ Research Location

  • Buffer Zones: Some federal facilities (ICE detention centers, courthouses) have court-ordered buffer zones (50-100 feet). Research the location beforehand to avoid trespassing charges.
  • Public vs. Private Property: You have the right to protest on public sidewalks and streets. Private property requires permission. Know where the property lines are.
  • Permits: While the 1st Amendment protects your right to protest, some cities require permits for large gatherings. Check if organizers have obtained necessary permits.
  • Local Laws: Research local noise ordinances, parade rules, and mask laws (some states ban masks at protests).
  • Exit Routes: Identify multiple exit routes in case police order dispersal. Know where you can safely leave.

Key Phrases to Know - Tap to Copy

Practice these phrases before attending. You may need them quickly.

IF APPROACHED BY POLICE:

IF QUESTIONED:

IF THEY WANT TO SEARCH YOU:

IF RECORDING:

Know Your Limits

While you have the right to protest peacefully, certain actions are NOT protected:

  • ✗Blocking access to buildings, driveways, or streets (obstruction)
  • ✗Trespassing on private property or restricted federal areas
  • ✗Inciting violence or lawless action
  • ✗Destroying property or vandalism
  • ✗Physically interfering with police operations
  • ✗Remaining after dispersal order - If police declare unlawful assembly, you MUST leave

If Things Escalate

If the protest becomes tense or police presence increases:

  1. Stay calm - Do not run or make sudden movements
  2. Listen for dispersal orders - Police will announce if assembly is unlawful
  3. Leave immediately if ordered - Walk, don't run. Use planned exit routes
  4. Keep recording - If safe, continue documenting from a distance
  5. Upload footage - Send videos to cloud/trusted contacts immediately

Already at a protest?

🚨 Emergency Guidance (At Protest NOW)

Related Resources

Ready to Exercise Your Rights?

You now have the knowledge to protest safely and legally. Remember: peaceful assembly is your constitutional right under the 1st Amendment.

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