2025 NYC Pride Guide - Flipbook - Page 24
Protestors’ R
Source: the American Civil Liberties Union
The First Amendment protects your right
to assemble and express your views
through protest. However, police and
other government officials are allowed
to place certain narrow restrictions on
the exercise of speech rights. Make sure
you’re prepared by brushing up on your
rights before heading out into the streets.
I’m organizing a protest
Your rights
• Your rights are strongest in what are known
as “traditional public forums,” such as streets,
sidewalks, and parks. You also likely have the
right to speak out on other public property, like
plazas in front of government buildings, as long
as you are not blocking access to the government building or interfering with other purposes
the property was designed for.
• Private property owners 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 also have free speech rights.
Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic 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.
Do I need a permit?
• 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.
• Certain types of events may require permits.
These include a march or parade that requires
blocking traffic or street closure; a large rally requiring the use of sound amplifying devices; or a
rally over a certain size at most parks or plazas.
• While certain permit procedures require submitting an application well in advance of the
/ 23//
planned event, police can’t use those procedures to
prevent a protest in response to breaking news events.
• Restrictions on the route of a march or sound equipment might violate the First Amendment if they are
unnecessary for traffic control or public safety, or if
they interfere significantly with effective communication to the intended audience.
• A permit cannot be denied because the event is controversial or will express unpopular views.
• If the permit regulations that apply to your protest
require a fee for a permit, they should allow a waiver
for those who cannot afford the charge.
What to do if you believe your rights
have been violated
• 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.
• Once you have all of this information, you can file a
written complaint with the agency's internal affairs
division or civilian complaint board.
I’m attending a protest
Your rights
• Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks,
and parks. You also likely have the right to speak
out on other public property, like plazas in front of
government buildings, as long as you are not blocking access to the government building or interfering
with other purposes the property was designed for.
• Private property owners 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 also have free speech rights.
Police must treat protesters and counterprotesters
equally. Police are permitted to keep antagonistic
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.
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