Syllabus 1

• Different types of protests incur differing degrees of risk. Public locations have the most protections for First Amendment activity. You have a high degree of protection chanting on a sidewalk, but that First Amendment protection disappears if you’re shutting down a pipeline on private property. The first part of this Know Your Rights guide covers where your rights are the strongest.

  • https://www.aclu.org/know-your-rights/protesters-rights

This section provides preparation considerations and Know Your Rights information. As a note, this section also covers what happens if things go wrong: if protesters are arrested or less-lethal weapons are deployed. These scenarios are typically rare at protests with a high degree of First Amendment protection (see above), but police can act unpredictably (and often outside of the bounds of the law). 

First and foremost, be prepared to be outside and execute the logistics of the protest! Dress appropriately for the weather (one of the most likely sources of problems), make sure you’re hydrated, and consider whether you’re physically ready. Consider the plan for the event or action and assess potential physical, mental, emotional, reputational, legal, or logistical issues. 

• Here’s a guide on what you should bring to protests, how to evaluate your risks, and create a safety plan. (NOTE: The phone numbers provided in this resource are NYC-specific. Look up your local protest hotline contact here.)

  https://avp.org/2020/06/28/safety-planning-for-protests/

Consider whether or not to wear a mask to protests. Masked protesters may be perceived as more threatening, so consider how this fits into protest objectives, but be aware that, even while you’re exercising your First Amendment rights, you are being surveilled. Note: A small minority of states/localities have enacted mask bans; check your local laws.

If possible, you should go to protests with a buddy. If there is a chance of arrest, consider leaving specific information on who should be contacted and when with your buddy or someone not at the event. Page 28 of this Know Your Rights guide has information about what you should tell your emergency contact.  

• ​​https://www.nlg.org/wp-content/uploads/2022/06/Know-Your-Rights-Booklet-2022.pdf

Here’s a digital security checklist for you to complete before running out the door to go protest. Lock down Signal chats, disable face and thumbprint unlocks, and set a strong passcode. Protect yourself and your community!

• https://activistchecklist.org/protest/

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:

  • https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-questioning#what-if-i-speak-to-law-enforcement-officers-anyway

• 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.

  • https://www.aclu.org/know-your-rights/stopped-by-police#ive-been-stopped-by-the-police-in-public

• 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.

  • https://www.nlg.org/wp-content/uploads/2022/06/Know-Your-Rights-Booklet-2022.pdf

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.

• Pocket guide: https://dredf.org/protesting-while-disabled-pocket-guide/

• Webinar: https://dredf.org/no-protest-without-us-tips-and-tools-for-protestors-with-disabilities/

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. 

  • https://www.protestlaw.org/news/know-your-rights-federal-employees-have-the-right-to-protest

• 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! 

  • https://www.acludc.org/sites/default/files/field_documents/free_speech_fed_employees_kyr.pdf

• 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. 

  • https://activistchecklist.org/federal/

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. 

  • https://www.aclu.org/know-your-rights/students-rights#do-i-have-first-amendment-rights-in-school

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. 

  • https://www.nlg.org/wp-content/uploads/2023/10/NLG-KYR-Campus-Protest.pdf

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:  https://cldc.org/organizing-resources/activist-webinars/

If you’re planning on taking photos at a protest, be sure that posting them doesn’t place other protesters at risk! Take the following steps to remove faces from photos and scrub metadata. 

• https://www.wired.com/story/how-to-take-photos-at-protests/

At most protests, the people are allowed to exercise their First Amendment rights without interference and there is little to no police interaction. But in some rare cases, where the police may perceive protests as escalating or protesters as dangerous (as was common during 2020 George Floyd protests), police may deploy less lethal weapons, such as tear gas and pepper spray. 

• Plan ahead - always tell a trusted person you will be going to a protest. Even if the protest has no indications of going sour, it can’t hurt to have someone ready to go if things go wrong. Just in case, we recommend that you avoid wearing contacts to protests, and remove face/fingerprint unlocks. 

• A little situational awareness goes a long way in determining whether police will deploy less lethal weapons. Is the size of the police force increasing? Are police in your area known for deploying less lethal weapons against protesters? Is there a way for you to leave? Are police wearing riot gear or gas masks? Are they organizing in formations? Are they starting to block exit routes? If you’re nervous, plan a way out ahead of time. Your comfort and safety are top priority. 

• Most of the time police will also give multiple dispersal orders before deploying less lethal weapons. If they give a dispersal order, they should also give you a way to leave. (With the caveat that, as with all policing policy, this doesn’t always happen.)

• If you decide to stay after police make announcements to disperse the protest - or if you get kettled - you might come under fire from tear gas, pepper spray or other less-lethal weapons. This guide is from 2020 (hence the COVID-19 advice), but has guidance for what to do immediately if you’re tear gassed, and how to get rid of the irritant at home. 

  • https://phr.org/our-work/resources/preparing-for-protecting-against-and-t

Protest legal hotlines

• Many National Lawyers Guild chapters operate protest hotlines. If you’re concerned about being arrested, write the hotline number on your body to call from jail. Even if your local chapter doesn’t have a hotline, you can email your local chapter or massdef@nlg.org to get legal guidance and referrals to free and low cost lawyers.

  • https://www.nlg.org/chapters/#massdefense

• If you’re organizing for Palestine and are facing disciplinary proceedings, dealing with doxxing, or getting retaliated against at work or school, Palestine Legal might be able to help. Here’s their intake form:

  • https://palestinelegal.org/intake

Here are some suggestions on how to find local organizations to get involved with:

• Check out the sponsors/organizers of the protest. What campaigns are they involved with? 

• Seek out protest organizations on social media. Follow them for information about onboarding meetings, volunteer opportunities, and future actions! Many local protest orgs have regular orientation meetings!

• Many national organizations have local chapters. Join up with local organizing! Many local orgs have Signal chats.