Know Your Rights

Know Your Rights: Protesting at the G-20

This pamphlet provides only general advice about your right to protest. If you have specific questions about your rights before the G-20, contact the ACLU at 412-681-7736.

***To report a violation of rights or request legal help during the week of G-20, call the ACLU’s G-20 hotline at 412-562-5015***

Your Right to Protest

What speech is protected? 

The First Amendment protects many forms of expression, including speaking, marching, picketing, chanting, drumming and dancing. It also protects “symbolic speech,” e.g., wearing an armband, t-shirt with messages, carrying signs, sculptures or puppets, etc.

Are there limits on what I can say?  

Yes. The First Amendment broadly protects speech, including controversial viewpoints and criticism of virtually anything, including government officials, but there are limits. You can be arrested for encouraging “imminent” violence or illegal activity that threatens serious harm to people or property. It’s a federal crime to threaten to harm the president, the vice president, or a major candidate for public office.

Can violence or property destruction be protected speech? 

No. Violence or criminal activity does not become constitutional simply because you do it while expressing a political message.

Where can I exercise my speech rights? 

On any private property where the owner gives permission (the owner always decides) and in public areas, such as streets, sidewalks, town squares or parks. If you plan to or actually block passage on a street or sidewalk, or your group has many people (usually more than 20), in most cities you will need to get a permit.  You cannot be made to get a permit if you are alone or in a small group and you are not blocking passage.

Can I express myself in public places without a permit?

Yes, you can picket or leaflet in public places by yourself or in small groups without a permit so long as you are not blocking streets or sidewalks.

Can I approach other people in public areas? 

Yes. You may approach pedestrians with leaflets, newspapers, petitions, and requests for donations. But you cannot prevent people from getting by or walking away, cannot block building entrances and should leave them alone if asked to do so.

Can I heckle other speakers? 

Yes, unless you attempt to physically disrupt an event or drown out other speakers. If speakers have a permit to use a public space, hecklers may be required to stand outside that area. Police may keep two opposing groups separated but should allow them to be within the same general area.

Is civil disobedience constitutionally protected? No. Civil disobedience – peaceful, but unlawful, activities as a form of protest – can constitutionally be (and often are) prosecuted. You may be arrested. Make arrangements with a lawyer in advance.

Interactions with Law Enforcement

Can I record or photograph police in public? 

Yes. Pennsylvania law forbids audio recordings of what people say without their permission, but that does not apply to police who are performing official duties in public. On the other hand, it is also legal for police to record or photograph demonstrators.

Can police legally attend a protest undercover?  

Yes. And you should be aware that they may try to attend planning meetings to learn about plans for illegal activity.

Do I have to show ID when police demand it?

Not in Pennsylvania, unless you are detained or arrested.

Can police search demonstrators?  

If police have reasonable suspicion that you are involved in, or about to commit, illegal activity they can frisk your outer clothing to search for weapons.

Can police search bags and containers without probable cause? 

Yes, if you are entering what has been marked a secure area. But you can refuse and should be allowed to leave. Otherwise, police can only search bags if they have probable cause that it contains contraband or weapons.

If You Are Stopped or Questioned by Police

Police may legally stop and detain you only if they suspect that you have committed, are committing or are about to commit a crime.

Determine if you are being detained by asking the officer if you are free to leave.

Stay calm and in control of your words, body language and emotions.

If police ask to frisk and “pat down" your outer clothing, tell them you do not consent, but do not physically resist. Also, say clearly that you do not consent to further search.

The First Amendment allows you to criticize or swear at the police, but especially in tense situations insulting, arguing with or running away from the police may get you arrested.

Remember, anything you say or do can be used against you.

Keep your hands where police can see them and don’t make any sudden moves. It could cost your life.

Remember officers' badge and patrol car numbers.

Write down everything you remember ASAP.

Try to find witnesses, and their names and phone numbers.

If you are injured, take photos of the injuries ASAP but get medical attention first.

Even if you believe the police are doing something wrong or illegal, do not argue with them or physically struggle. You will never win and the charges against are likely to be more severe. Police misconduct should be addressed only after the fact.

If You Are Arrested or Taken to a Police Station

When you are arrested, look for a legal observer (usually in a bright orange or yellow t-shirt) and yell out your name so you can be found by friends or family.

Ask for a lawyer immediately if you are arrested. If you can't afford a lawyer, you are entitled to a free, court-appointed lawyer.

You have the right to remain silent. Only give your name and address to law enforcement. Do not say anything else without a lawyer.

Do not discuss your case over the phone; calls from police stations and jails may be monitored or recorded. Do not discuss your case with others being held; they may be undercover police officers.

Do not make any decisions in your case until you have spoken with a lawyer.

You must be taken before a judge no more than 36 hours after arrest. The 36 hours do not include the day of the arrest, weekends or legal holidays.

A judge will decide if the charges against you are supported by probable cause, and if so the judge may set bail. Bail may be denied if you don’t have ID.

Things to Keep in Mind

You should make arrangements in advance with friends about what to do if one of you is arrested.

Write important phone numbers in indelible ink on yourself. If you are arrested your personal possessions, including your cell phone, will be taken by the police.

Avoid carrying drugs or weapons – even a pocketknife. If you are arrested, you could face additional charges for their possession.

If you have an outstanding warrant or problems with your immigration status, you should seriously consider how engaged in a protest you’d like to be.

If you take medication for a chronic condition, you should consider how long you can go without your medication if you are arrested.

Do not get arrested if you are not a U.S. Citizen, it may impact your immigration status and harm your chances of obtaining Lawful Permanent Resident status or citizenship. A conviction for more serious offenses (“Aggravated Felonies” or crimes of “Moral Turpitude”, which both have very broad definitions) could subject you to deportation from the United States.

If you are on probation or parole, you are required to report any arrest to your probation or parole officer. An arrest can be considered a violation of probation or parole.

If you do not live in the Pittsburgh area, you should understand the Court hearings are not scheduled at your convenience, and you will be required to return to Pittsburgh for Court hearings.

To avoid problems getting released on bail, carry a picture ID.

If you are a minor, your case may be handled separately from others in Juvenile Court, and you might not be released until a parent or guardian comes to pick you up.

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