Know Your Rights
Protests are usually policed. Many actions - especially those held in public places like sidewalks or public parks - or those with a permit - incur a very low risk of arrest. That said, you should always consider risk. Further, police may approach you to extract information about the protest.
Here’s what to do if law enforcement starts asking you questions:
While you’re at it, it’s not a bad idea to know your rights in all types of police encounter contexts, whether you’ve been pulled over, stopped on the street, or are a witness to someone else’s encounter with police.
In the event that things go sideways, here is a guide to knowing your rights in police encounters. If you’re arrested, there are additional considerations, for example, if you’re a minor, disabled person, trans person, or non-U.S. citizen. This resource gives you general information; more specific identity targeted guides can be found below.
For immigrants: If you’re an immigrant, you have First Amendment rights, but you are also subject to additional risks. Here are considerations when protesting as an immigrant:
Know Your Rights Resource: https://www.nilc.org/wp-content/uploads/2025/01/2.-2025-Protest-Know-Your-Rights_Final.pdf
Printable “Red Cards” you can hand to officers (En español): https://www.ilrc.org/red-cards-tarjetas-rojas
For protesters with disabilities: Here are suggestions of what to consider when preparing to protest, and how to assert your rights if arrested.
For federal employees:
If you’re wondering about whether you have the right to protest, the answer is yes! That’s the topline, but if you’re worried about the Hatch Act, this document gives the rundown.
Your speech rights are heavily constrained during work hours, but outside of official duties, you have First Amendment rights. Here’s a handy flowchart to determine whether your speech is protected!
You have free speech and protest rights, but if you’re organizing, you don’t want the government monitoring your communications. Here’s a digital security guide created specifically for federal employees.
For (K-12) students
You don’t shed your rights at the schoolhouse gate, and outside of school, you generally have the same First Amendment rights as anyone else does. Here’s a guide to free expression in school, from protest activity to wearing gender-affirming clothing.
For college students
Student movements have historically made use of a broad range of tactics, from running letter campaigns to setting up encampments. This resource compares tactics, helps you assess risk, and prepare for potential responses from police, campus administration, and media.
Further resources are available for climate activists, youth activists, unhoused people, and other groups with differential degrees of risk. Request access to Civil Liberties Defense Center Webinars: