Are you planning a peace action and not sure what your rights are? Whether you're holding a vigil on a public sidewalk, marching with 1,000 people in the middle of the street, or dropping a banner from a private building, you should be aware of your rights and the legal ramifications of your actions. On this page you'll find valuable resources so you'll be prepared in action.
Useful websites to visit:
www.aclu.orgAmerican Civil Liberties Union
www.nlg.org National Lawyer's Guild
Download these Know Your Rights resources:
What to do if you're stopped by the police: A handy quarter page flyer from the American Civil Liberties Union.
Know your rights pamphlet: A great guide for knowing your rights in different situations from the ACLU.
Police Misconduct: Form to use to document police misconduct during an action.
Legal Observer Log: Form for photographer or video recorder to document direct action.
Camera work for Legal Observers:Tips for legal observers to make the most out of camera work.
Legal observer checklist:A checklist for documenting police misconduct during an action.
What to know if you want to be a legal observer:A handy guide of things to know if you want to be a legal observer.
Jail Solidarity: A how to guide for using court/jail solidarity.
Fasting in Jail: Some advice for fasting in jail.
Examples of Jail Solidarity: Three examples of past successes when using jail solidarity tactics.
Click here to view an ACLU Know Your Rights! video
Frequently Asked Know Your Rights Questions:
Note: These questions are for vigils and other actions (no expectation of an arrest). Laws vary depending on the state where you live. It's always best to find out what the local laws say, and to clearly understand your constitutional rights as well.
When does a group need a permit to demonstrate?
You do NOT need a permit to leaflet, circulate petitions, pass out information, hold signs, request donations, or otherwise express political or other opinions, peacefully and without obstructing traffic, in public spaces such as sidewalks or parks.
Sample state info: In California, the courts allow leafleting and petitioning to take place in public areas of large shopping centers, although the shopping center owners may restrict these activities to designated “free speech areas” in the center or mall.
You DO need a permit for a march that goes into the street and requires street closures or other traffic modifications; large rallies with amplified sound; rallies at certain parks or plazas, such as federal property managed by the General Services Administration.
If a group does not have a permit, can the group still march?
YES, if marchers stay on the sidewalk, obey traffic signals, and do not obstruct “normal pedestrian traffic.”
How best to interact with the police?
It’s a good idea for one Code Pinker to take on the task of police liaison at a public event. When the police arrive, greet them politely and give them the basic message: “We’re here protesting torture.” You do not have to show ID. Do not get into a discussion of the issue with the police. Usually their questions will be about how long the event will last, whether you intend to block traffic, and other logistical concerns.
What if a police officer starts harassing at a CODEPINK event, or tries to shut it down?
Remember you have the right to free speech and assembly. You don't need to argue with the police. Never touch a police officer or his/her equipment. Ask to speak to a superior and explain that your rights are protected by the US Constitution, and that you are not interfering with others’ rights (freedom of movement, etc.). If the harassment continues, call an attorney or other support people, and document the incident with still photos, video, audio and/or written accounts.
Check out Beat the Heat: How to Handle Encounters with Law Enforcement by criminal efense attorney Katya Komisaruk. Beat the Heat is a book with cartoon illustrations that gives you a set of easy-to-remember legal tactics for protecting yourself and the people you care about. Click here to read more about the book and find out how to buy.
The First Amendment to the US Constitution states: “Congress shall make no law… abridging the freedom of speech, or of the press; … or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
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