- Public spaces are the locations where your First Amendment right to protest is most protected. These would be sidewalks, streets and parks. However, you cannot intentionally block access to or obstruct vehicles or pedestrians, or entrances and exits to buildings unless you have a special permit to do so. Permits are required to close off streets and shut down traffic for a demonstration. Permits are also required if more people than the allowable limit are going to demonstrate in a park. Without a permit, the police may ask you to move for public safety reasons if you are blocking access or violating space limitations in a park.
- The police may order you to move, leave, put down a sign, or stop an activity during a protest. Obey their instructions unless you have specifically planned to engage in peaceful civil disobedience. Any time you disobey the direct orders of a police officer you are risking arrest. If you believe that your rights have been violated, organizations like the ACLU or the NYCLU can assist with such complaints. The NYCLU in Buffalo may be reached at 716-852-4033. See, nyclu.org
- Do not touch a police officer, or get in his/her way in the course of official functions. Do not try to prevent an officer from approaching or arresting someone else at the event. These actions can lead to immediate arrest. If the police move to arrest or get physical with a demonstrator, you can observe from a safe distance unless ordered to leave the area. Write down times, names, locations. Get the contact information for any witnesses. You can also ask an officer for their name and badge number. If you are injured, photograph the injury, and save medical records if you seek medical care.
- Do not bring weapons or controlled substances to a protest.
- 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. The police cannot stop you or confiscate your phone without a search warrant obtained from a judge. Whether you stop photographing or videotaping when ordered to do so, or turn over your phone to the police, is your decision to make, especially if you feel threatened or there is a risk of conflict and to your safety. If you give up your phone, you can always file a complaint against the police afterwards. Again, organizations like the ACLU or the NYCLU can assist with these complaints, and others, if you believe your rights have been violated.
- When you are at a public protest, you consent to a photo taken of you just by being there. Anyone who photographs you protesting in a public place may have a right to use your image, and you may see images of yourself in the media or online.