Know Your Rights When Protesting

The First Amendment protects your right to assemble and express your views through protest. However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Make sure you’re prepared by brushing up on your rights before heading out into the streets.

When Attending a Protest:

Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on 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.
Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
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.
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.
In New Mexico, you have the right to record police encounters.
You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don't have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
Fixed buffer zones pose serious First Amendment problems and should be permitted only in the most limited circumstances. Such geographical limitations on speech betray the values of the First Amendment, which permit—and require the government to tolerate—peaceful protest in public areas.

Do I need a permit to organize a protest?

You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don't have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
Certain types of events may require permits. These include 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.
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 or will express unpopular views.
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.

If you feel your rights have been violated by police at a protest:

When you can, write down everything you remember, including the time & date, the officers' badge, name, and patrol car numbers, and the agency they work for.
Get contact information for witnesses.
Take photographs of any injuries.
Once you have all of this information, you can file a written complaint with the agency's internal affairs division or civilian complaint board.
You can also submit a legal complaint on our website for review by our legal team.

What happens if the police issue an order to disperse the protest?

Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.
If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
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.

What to do if you're stopped by police:

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.
In New Mexico, the law requires you to answer one question. If a police officer believes you’ve committed a crime and asks you for your name, you’re supposed to give your name. Then stay silent.
You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas, including tourists and business travelers.) For more specific guidance about how to deal with immigration-related questions, see our immigrants’ rights section.)

What to do if you are arrested or detained

Stay calm. Don’t run, resist, or obstruct the officers. Do not lie or give false documents. Keep your hands where the police can see them.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer.
If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.

What you can do if you think you’re witnessing police abuse or brutality

Stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.
Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In New Mexico you can record police encounters.
Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that the officer may search you upon arrest) against the value of continuing to record.
Whether or not you are able to record everything, make sure to write down everything you remember, including officers’ names and badges and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.