Photo by Blaine Schultz
Protestors in Cathedral Square Park - No Kings Day
Protestors hold signs in Cathedral Square Park during the 'No Kings Day' protests in Milwaukee.
Knowledge is power.
More than ever, recent events have engaged folks looking to make their presence felt and raise their voices. The American Civil Liberties Union (ACLU) has been at the center of nearly every major civil liberties battle in the U.S. for more than 100 years. The organization’s website provides the following information and more.
ACLU Wisconsin provides informative tools and tips in English and Spanish. The First Amendment protects your right to assemble and express your views through protest.
Protest Rights
This information is NOT intended as legal advice – laws can change.
How to prepare for a protest
Wear protective clothing like a face mask, shatterproof goggles, earplugs, and long sleeves and pants. Avoid surveillance technology by switching your phone to airplane mode, turning off Bluetooth and Wi-Fi, and disabling location services in your apps. You have the right to photograph and video record police from a safe distance. Turn off face and fingerprint identification and protect your phone with a strong passcode. Police need a warrant to search your phone. Do not unlock it or consent to a search. Remain aware of exit routes. If you ever feel unsafe or uncertain, leaving the scene is a good option. Prepare for possible arrest by memorizing the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
File a complaint
If you believe your rights have been violated, contact a lawyer and file a complaint immediately. Scan the QR code to learn more: Strengthen your case Write down everything you can remember ASAP including: names, badge or car numbers, place, time, and any witnesses. If you are injured, seek medical attention immediately and take photographs of your injuries.
KNOW YOUR RIGHTS IN CASE ...
... you are stopped by police
Stay calm. Keep your hands where the police can see them. Do not resist and avoid making sudden movements. Do not get into an argument with an officer of the law. Do not threaten the police that you are going to file a complaint. Never touch a police officer. Ask if you are free to go. If the answer is yes, walk away calmly. You have the right to remain silent. You do not have to answer questions. Say: “I do not want to talk.” If you are subject to a “frisk” or pat down search, do not resist. Calmly say: “Officer, I do not consent to searches.” Police may pat you down if they suspect a weapon
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... you are ordered to disperse
Your rights are strongest in what are known as “traditional public forums” such as streets, sidewalks, and parks. Certain types of events may require permits, including any that require blocking traffic; a large rally requiring the use of sound amplifying devices; or a rally over a certain size at most parks or plazas.
If officers issue a dispersal order, they must provide a reasonable opportunity to comply. Individuals must receive clear and detailed notice of the order, 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.
... you are placed under arrest
STEP 1 Remain silent
You have the right to remain silent and talk to a lawyer before you talk to the police. Only give your name and address. Nothing else. Do not give explanations, excuses, or stories. You will be allowed to fight your case later in court with a lawyer’s assistance.
STEP 2 Ask for a lawyer
Ask for a lawyer immediately. If you cannot afford one, a free defense attorney can be provided for you.
STEP 3 Make a phone call
Within a reasonable amount of time, you have the right to make a phone call. Police cannot listen to a call you make to a lawyer, but they can, and often will, listen to the calls you make to others.
