Thread: How to protest and stay out of jail

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How to Protest and Stay Out of Jail

By Jill Thrash
eHow Contributing Writer

Protest and Stay Out of Jail

Americans have a long history of protest. Whether it involves a group of revolutionaries protesting British taxes by dumping tea in the Boston Harbor or a disgruntled voter hurling a tomato at an unpopular political candidate, most Americans believe the U.S. Constitution provides them with the absolute right to protest.

But while the Constitution does grant Americans the rights to engage in free speech and to participate in free assembly, nowhere does it state that Americans have a constitutional right to express dissent at any time, place or manner of their choosing.

American courts generally consider peaceful and legal protest to include the distribution of pamphlets, street corner speeches, parades, marches and picketing.

But despite this perceived protection, scores of people are arrested at protests every year. And the chances of being arrested while protesting become more likely at high profile events such as the recent climate talks in Copenhagen, and when the American constitutional protections of free speech and assembly aren't applicable.

In Copenhagen, 30,000 people marched for action on climate change with approximately 968 protesters detained by local authorities after finding a supply of bolt cutters and gas masks. At the G20 Summit in London, 86 protesters were arrested on one of the earliest days of the Summit after swarming the area and breaking the windows of a Bank of Scotland.

As these incidents indicate, protesting is an inherently risky activity that becomes even riskier when performed on foreign soil. Accordingly, anyone with strong opinions and a few picket signs in their closet should learn the basics of how to protest and stay out of jail.

Instructions

Step 1: Know the applicable laws.

Generally, street corner speeches do not require permits even if a crowd gathers. Street parades do require permits, as do activities in parks and other public places. Sidewalk marches and picketing are also generally protected under the Constitution as long as the protesters have complied with permit requirements, the marches are peaceful and they do not block the flow of traffic.

The law states that permits should be granted when "reasonable". While reasonableness is a nebulous concept, city officials cannot, by law, deny a request for a permit arbitrarily. In all cases of protest, strong language is permissible while violence and threats are not.

States and municipalities have also developed their own laws on protest; many of which would not pass constitutional muster if put to the test. Despite these often conflicting and outdated laws, the courts have managed over the years to develop a cohesive legal framework defining and protecting legal protest, with the court always seeking to find that balance between the right of an individual to speak freely and openly against the interests of society in keeping order among its citizens.

Step 2: Comply with all applicable laws.

If you know you need a permit to march or rally in a public area, apply for one. And if you are in doubt about whether you need a permit to march or rally, apply for one.

As the American Civil Liberties Union advises, applying for a permit and being denied one can serve as a defense in event of arrest. Also, be careful during the protest not to block roadways, sidewalks or access to private entrances. Don't enter onto private property unlawfully. Allow pedestrians to pass. The act of simply blocking vehicular or pedestrian traffic is one of the main reasons protesters get arrested and put in jail.

Step 3: Never make threats or engage in violence.

Becoming vocally or physically threatening can cause a situation to escalate out of control very quickly. Avoid foul language as it can serve as grounds for arrest in some jurisdictions. Remember that any act of violence could potentially result in an assault or riot charge which, depending on the circumstances, could, in turn, result in federal charges, jail time and heavy penalties.

Step 4: Do not carry alcohol or illegal drugs.

If you are arrested for protesting, the possession of any illegal drugs will almost ensure that you will spend some time in jail and guarantee you a drug charge on top of whatever other charges you are facing. If you are a minor, the possession of alcohol could lead to a minor in consumption charge. Similarly, adults in possession of alcohol could face jail time for public intoxication or disorderly conduct, depending upon the circumstances.

Step 5: Do not resist arrest.

Despite what you may have heard, "going limp" and other types of non-cooperation or peaceful resistance is just that - resistance. Resisting a police officer, even passively, is a violation of the law in and of itself and will lead to additional charges.

Step 6: Cooperate with the police.

If you are arrested even despite all your efforts to protest peacefully and legally, cooperate with the police by following their instructions and avoiding resistance.

Ask immediately to speak with your attorney. Do not answer any other questions as anything you say or do while in custody can and will be used against you. Don't argue with the police; rather, keep repeating your request that you be allowed to speak with your lawyer as soon as possible.

Keep calm and remember that of the record 1,800 protesters who were arrested at the Republican National Convention in 2004, over 90 percent of them eventually were released without any charges.
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Comment by vizionheiry
"I would also add cover one's face so as not to be identifable on video."

Also don't forget to keep an eye out for anti-American trouble makers . We had one who showed up at our TP Against Amnesty and the police were called to me but they didnt do anything but sit and watch . I had permission and permints .