Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances.(On private property, the owner may set rules about photography or video.) 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.Individuals must receive clear and detailed notice of a dispersal order, including 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.If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety. Shutting down a protest through a dispersal order must be law enforcement’s last resort.What happens if the police issues an order to disperse the protest? Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.What to do if you believe your rights have been violated 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.A permit cannot be denied because the event is controversial or will express unpopular views.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.While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events. 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. Certain types of events may require permits.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. 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.On private property, the owner may set rules related to photography or video. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another. Police must treat protesters and counterprotesters equally. Counterprotesters also have free speech rights.The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner. Private property owners can set rules for speech on their property.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. Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks.
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