抗议者的权利

我在参加一个抗议活动

你有权利这么做

  • 在公众场合大声疾呼: 你有权利这么做 speak out on “traditional public forums” (such as streets, 人行道上, and parks) and other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.
  • 不受政府限制的: The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner. Private property owners can set rules for speech on their property.
  • 照片: When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.

当你的权利被侵犯时

  • 写下你记得的一切, including the officers’ badge and patrol car numbers and the agency they work for.
  • Get contact information for witnesses.
  • 对受伤部位拍照.
  • Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

When the police issues an order to disperse the protest

  • Police may not break up a gathering unless there is a clear and present danger of riot, 障碍, 干扰交通, or other immediate threat to public safety.
  • 如果警官发出疏散令, they must provide a reasonable opportunity to comply, including sufficient time and a clear, 畅通的出口通道.
  • Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.

我正在组织一场抗议

You don’t need a permit to march in the streets or on 人行道上, as long as marchers don’t obstruct car or pedestrian traffic. 如果你没有许可证, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
 

可能需要许可的活动

  • a march or parade that requires blocking traffic or street closure
  • a large rally requiring the use of sound amplifying devices
  • or a rally over a certain size at most parks or plazas

申请抗议许可证

  • While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events.
  • Restrictions on the route of a march or sound equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.
  • A permit cannot be denied because the event is controversial 或者表达不受欢迎的观点.
  • If the permit regulations that apply to your protest require a fee for a permit, they should allow a waiver for those who cannot afford the charge.

Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.


I want to take pictures or shoot video at a protest

你有权利这么做

  • 任何照片: When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules about photography or video.
  • 保护你的照片隐私: Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. 然而, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

When you are stopped or detained for taking photographs

  • Remain calm: never physically resist a police officer.
  • 确定是否可以离开: 如果你被拦下,问一下警察 “Are you detaining me, or am I free to go?
    • “是的”→平静地走开.
    • “不”→你被拘留了. Ask the officer what crime you are suspected of committing. And remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

Learn more about your rights when taking photos


I was stopped by the police while protesting

你有权利这么做

  • 第一修正案权利: Point out that you are not disrupting anyone else’s activity and that the First Amendment protects your actions.
  • 确定是否可以离开: 如果你被拦下,问一下警察 “Are you detaining me, or am I free to go?
    • “是的”→平静地走开.
    • “不”→你被拘留了. Ask the officer what crime you are suspected of committing.
  • 问:为什么 If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don’t say anything or sign anything without a lawyer.
  • 打电话: 你有权利这么做 make a local phone call, 如果你打电话给你的律师, 警察是不允许偷听的.
  • 拒绝搜索: If an officer wants to search anything beyond patting down the outside of your clothing, say “我不同意搜查." If you do explicitly consent, it can affect you later in court.

警察可以

  • “Pat down” your clothing if they suspect you have a weapon and may search you after an arrest.

减少对自己的风险

  • 让你的手露出来.
  • Don’t argue, resist, or obstruct the police, even if you believe they are violating your rights.

Learn more about your rights when encountering law enforcement


Learn more about your rights when protesting

 

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