Know Your Rights: Attending a Protest
Last Updated: November 2024
Download the 2024 Know Your Rights: Attending a Protest PDF
Purpose of this Publication
The First Amendment protects your right to assemble and express your views through protest. Police and other government officials, however, are allowed to place certain narrow restrictions on the exercise of free speech rights. This Know Your Rights Guide explains your rights and answers frequently asked questions.
Your Rights as a Protester with a Disability
You have the right to protest in “traditional public forums,” such as streets, sidewalks, and public parks.
You also likely have the right to speak out on other public property that is open to the public, such as plazas in front of government buildings. In these places, you are not allowed to block access to the government building or interfere with other purposes the property was designed and used for.
Private property owners—including office buildings—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 are people who disagree with the issue you are protesting about and are exercising their free speech rights to protest in opposition to you. Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep opposing 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.
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.
You have the right to reasonable accommodations and effective communication from the police and the government during a protest.
Frequently Asked Questions
Can I make a reasonable accommodation request to a police officer directly?
Yes, you have the right to request reasonable accommodations during a police interaction. Law enforcement agencies—including campus police—are public entities that must comply with the anti-discrimination provisions of the Americans with Disabilities Act (ADA) and other state and federal laws. This means that law enforcement agencies are required to:
give protestors with disabilities the opportunity to comply with directives in a manner consistent with their disabilities.
carry out protest-clearing and management activities in a way that does not unduly burden people with disabilities.
make changes to policies, practices and procedures to avoid discrimination.
take the steps required to ensure that communication with protestors with disabilities is as effective as communication with protestors without disabilities.
How do I request a reasonable accommodation from the police or a sheriff’s deputy?
To make a reasonable accommodation request, you or someone who is with you, can directly ask an officer at a protest or a Sheriff’s Deputy in jail, either verbally or in writing. To do this, you can say, “I have a disability that requires accommodations under the ADA,” then state what accommodation you need. You do not have to use the phrase, “reasonable accommodation,” although it may remind police about their legal obligation. Although the ADA requires reasonable accommodations, your request might not be granted. Because of this unfortunate reality, people with disabilities should plan accordingly.
Examples of reasonable accommodations you can request during a protest:
ASL interpretation services or auxiliary aids
Reading written instructions out loud or having instructions
written out for verbal commandsSpeaking clearly and/or slowly for lip-reading
Providing a more accessible exit route from the protest, including routes that have curb cutouts, safe street crossings, and no obstacles
Extra time to disperse (we recommend being specific, if possible)
Not using flashing lights, strobe lights, or other devices that induce seizers
Not using noxious gases that exacerbate a lung condition, such as asthma
Help with exiting the protest area
What should I do if I have a mental health crisis during a protest?
The most helpful response to a mental health crisis is an immediate response by a mental health provider. Request this response from the organizers, medical providers, or law enforcement. Unfortunately, while this response is required under the ADA, many times the response will be law enforcement with or without mental health clinicians. It is important that you ask for the appropriate response as soon as possible.
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. Although these restrictions exist, police have a long history of ignoring these restrictions and suddenly moving to disperse a crowd, sometimes violently.
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. If you are a person with a disability who is seeking a reasonable accommodation, we encourage you to make your request as early in the protest as possible.
What are my risks as a person with a disability if I do not follow a dispersal order?
Refusing to follow the instructions of the police can be a form of civil disobedience. Civil disobedience is the active refusal to obey a law or demand as a form of protest. There are risks associated with civil disobedience. These risks may include arrest, criminal charges, fines, criminal conviction, or time in jail. If you are undocumented, the police may call U.S. Immigration and Customs Enforcement (ICE) if you are arrested.
Before deciding to engage in civil disobedience, be sure you are aware of the potential outcomes and evaluate how much risk you are willing and able to take.
Basic things you should do to protect yourself as a person with a disability:
Keep a list of trusted phone numbers. We recommend writing these numbers on your arm using a permanent
marker because your phone may be taken away by the police if you are arrested.Carry valid identification with you. Police may give you a ticket instead of arresting you if you have identification.
Carry your essential medications with you. Keep these medications in their prescription bottle or bring a printed copy of your prescription. If you are arrested, this will help you continue to have access to these medications.
Carry ear plugs and sunglasses if you have sensory sensitivities.
Carry backup batteries and/or chargers for your assistive devices.
Bring a portable stool if you have a mobility disability that makes standing and/or walking for long distances
difficult.Understand the health risks of inhaling noxious gases, including pepper spray. Carry an inhaler, gas mask, and
goggles if needed. Understand that ambulance services may not be able to reach you if you have an emergency
and have a plan to access follow-up medical care if needed.
What should I do if I am arrested?
If you are facing criminal charges or citations, civil rights violations, or school disciplinary proceedings in connection with activism or speech, the ACLU of Oregon maintains a list of Oregon attorneys who may be able to consult with you. Visit tinyurl.com/yck9j3ah for more information.
If you are a person with a disability and arrested during a protest, there are several steps you should take:
Tell the arresting officer and the jail where you are taken: “I have a disability that requires accommodations under the ADA.” Then, ask for the accommodations you need. Although the ADA requires reasonable accommodations, your request might not be granted. Because of this unfortunate reality, people with disabilities should plan accordingly.
Tell them about any essential medications. If you have essential medications on you, tell them that it is prescribed for your disability. If you do not have your essential medications on you, tell the arresting officer and jail staff of the health risks of not taking scheduled medications.
You have a right to an attorney. Ask for an attorney or call someone from the list below.
You have a right to remain silent and not answer questions. Asking for the reasonable accommodations you need because of your disability does not waive your right to remain silent so you do not incriminate yourself.
You have a right to make a phone call. Use that phone call to reach someone who you know will answer and will help you.
What to do if your rights have been violated
Step 1: Gather all the information you can!
When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
Get contact information for witnesses.
Take photographs of any injuries.
Record your interactions with the police.
Once you have all this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
Step 2: Request Help from Disability Rights Oregon >
Disability Rights Oregon
511 SW 10th Ave, Suite 200, Portland OR 97205
Voice: 503-243-2081 or 1-800-452-1694
Fax: 503-243-1738
E-mail: welcome@droregon.org
Website: www.droregon.org
The resources in this document are provided by Disability Rights Oregon and include resources developed by the national ACLU, ACLU of Oregon, DREDF, Disability Law United, New Disabled South, and the Civil Liberties Defense Center.
Disability Rights Oregon is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Contributions are tax-deductible and will be used to promote the rights of Oregonians with disabilities.
Portions of this document may be reproduced without permission, provided that Disability Rights Oregon is appropriately credited.
NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
