Tens of thousands of protesters from across the country are expected to attend the Democratic National Convention this month. You might be one of them.
As you prepare to demonstrate for the causes you care about, you may be wondering how you can protect your rights and personal safety.
Reduce the risks to your physical and digital security
Before you protest, you should inform a trusted family member, friend or colleague where you will be and when you expect to finish.
If you can, join protests with others. “I always advise people to practice the buddy system. You’re safer in a group,” says Nour Jaghama, campaign coordinator for Palestine and Iran at CodePink, a feminist anti-war advocacy group. The 24-year-old activist has participated in numerous marches for Palestinian liberation since last year.
Wear comfortable running shoes and keep a piece of paper in the sole of your shoe with phone numbers of local, state and federal human rights offices and other important contacts.
Cook County Public Defender Arrest Hotline (for arrests by Chicago Police or State Police): 844-817-4448
Federal Defense Office (if arrested by federal officials or police of another state): 312-621-8300
First Defense Legal Aid – 24/7 helpline instead of prison: 1-800-529-7374
National Lawyers Guild Chicago 24/7 Legal Aid Hotline for DNC: 872-465-4244
Jaghama also recommends wearing a face mask over your nose and mouth. Masks are not only a health precaution, they can also make it harder to identify you online – a lesson Jaghama learned the hard way. “I was suspected at least three times during protests,” she says.
Bring a pack of disinfectant wipes for first aid (a popular brand is Sudecon). If the police use pepper spray or other chemical irritants that burn your face, rinse your eyes with disinfectant wipes or salt water. Do not use milk, as this could expose your eyes to bacteria.
Pay attention to your surroundings
In crowded, dynamic environments such as public demonstrations, it is critical to stay aware of the situation so you can identify important visual cues that indicate impending danger.
When police officers pull down their helmet visors, put on gas masks, or hold up their shields defensively, these are telltale signs that they plan to attack the crowd. If you notice this behavior, you should move toward the exit to avoid being caught up in the fray.
The crowd dispersal is also a sign that police may begin corralling smaller groups of protesters to make mass arrests. Although it is illegal for Chicago police to corral crowds, don’t assume officers will always follow protocol, warns Ben Meyer, a private criminal defense attorney who has represented protesters whose rights were violated by police in several lawsuits against the city. When police corral crowds, Meyer advises, “you need to remember that, because that is illegal.”
Know your legal rights
Whether you are a U.S. citizen, permanent resident, visa holder, or illegal immigrant, you have the constitutional right to peacefully assemble in public places and to exercise free speech under the First Amendment.
However, their right to free protest is not unlimited. In 1941, the US Supreme Court unanimously ruled: Cox vs. New Hampshire that governments may impose “reasonable restrictions as to time, manner and place” for reasons of public safety, such as requiring permits for parades.
These restrictions “must be content-neutral and must not discriminate against one political message or another,” says Meyer.
The U.S. Constitution also protects you against unreasonable searches and seizures, against self-incrimination, and guarantees you the right to a fair trial and legal representation.
If you are stopped by the police during a protest, you should ask, “Am I being detained or can I leave?” If the police tell you you can leave, you should leave. If you receive conflicting information (for example, you are not being detained but are not allowed to leave), then you are violating your Fourth Amendment rights.
They are not obliged to answer questions from the police. Meyer strongly advises demonstrators to exercise their right to remain silent and to avoid questions from the police about their motives for taking part in the action or about their acquaintances there.
“You don’t know why the police are asking you this question,” says Meyer, “and most likely they want to get you to say something incriminating so they can charge you with a crime.”
If the police try to search your belongings during a stop, tell them you do not consent. Refusing to consent does not necessarily mean that the officers will stop you, but your statement can be used as evidence in court if you were subjected to an unreasonable search.
If the police violate your constitutional rights during a demonstration, Meyer recommends staying calm and not resisting. It is safer and easier to prove the violation of your rights in court after the fact.
Meyer emphasized: “On the road, you should do what is safest for you while protecting your rights.”
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