ACLU's Tips for Protestors

came to me in an e-mail:

As you come out to protest, here's what our video notes to keep in mind:

1) The right to protest is a fundamental human right guaranteed by the U.S. Constitution and the First Amendment.

2) If you get stopped, ask if you are free to go. If the police say yes, calmly walk away.

3) You have the right to record. The right to protest includes the right to record, including recording police doing their jobs.

4) The police can order people to stop interfering with legitimate police operations, but video recording from a safe distance is not interfering.

5) If you get stopped, police cannot take or confiscate any videos or photos without a warrant.

6) If you are videotaping, keep in mind in some states, the audio is treated differently than the images. But images and video images are always fully protected by the First Amendment.

7) The police's main job in a protest is to protect your right to protest and to de-escalate any threat of violence.

8) If you get arrested, don't say anything. Ask for a lawyer immediately. Do not sign anything and do not agree to anything without an attorney present.

9) If you get arrested, demand your right to a local phone call. If you call a lawyer for legal advice, law enforcement is not allowed to listen.

10) Police cannot delete data from your device under any circumstances.

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Comments

enhydra lutris's picture

Find the number for your local office and keep it on you.

They have an app called “Mobile Justice” available in many regions of the country that enables video of seeming rights violations to be uploaded directly to the local ACLU, while filming, iirc, to preserve it from the police who hae been known to ignore point 10 above.

be safe, be well, and have a good one.

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17 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

Pluto's Republic's picture

...Those rights seem impossible.

Impossible to claim.

Impossible to defend.

Dangerous to exercise.

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11 users have voted.

Human salvation lies in the hands of the creatively maladjusted.

— Martin Luther King

enhydra lutris's picture

@Pluto's Republic

but only by insisting on them can we retain them - Catch 22.

be well and have a good one.

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14 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

Pluto's Republic's picture

D.C. resident Rahul Dubey gave refuge to around 60 protesters inside his home after law enforcement had pushed them down his street, firing chemicals at them.

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15 users have voted.

Human salvation lies in the hands of the creatively maladjusted.

— Martin Luther King

enhydra lutris's picture

@Pluto's Republic

Telly, providing shelter more than once in the sixties.There are those who take those risks, and that is a wonderful thing.

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13 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

Lily O Lady's picture

@Pluto's Republic

Underground Railroad.

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2 users have voted.

"The object of persecution is persecution. The object of torture is torture. The object of power is power. Now do you begin to understand me?" ~Orwell, "1984"

Pluto's Republic's picture

To say they are in shock is putting it mildly. Canada trying not to be like the United States.

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12 users have voted.

Human salvation lies in the hands of the creatively maladjusted.

— Martin Luther King

Pluto's Republic's picture

@Pluto's Republic

A reporter asked Canadian Prime Minister Justin Trudeau about smoke canisters and pepper balls being used on US protesters so that President Trump could have a photo-op in front of a burned church near the White House.

In the end, he couldn't bring himself to mention Trump.

But he tries to protect Canada, while taking advantage of a teachable moment on racism for Canadians.

The contrasts between the US and Canada, just in the behavior of media, is striking. It must be strange for Canadians, living so close to the US, trying to avoid contamination while maintaining neutrality.

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11 users have voted.

Human salvation lies in the hands of the creatively maladjusted.

— Martin Luther King

The Liberal Moonbat's picture

Isn't the "right to a phone call" something that Hollywood made up (at least originally)?

On the one hand, it doesn't take much to imagine cops taking advantage (even cruel, even calculated-to-be-cruel) of that fact.

On the other hand...

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4 users have voted.

In the Land of the Blind, the one-eyed man is declared insane when he speaks of colors.

enhydra lutris's picture

@The Liberal Moonbat
"you get one and only one phone call" schtick. The Constitution guarantees you counsel. The courts have held that the right to counsel at least as early as being indicted, charged or a warrant for your arrest is issued (or whatever other act may be deemed to be "the start of judicial proceedings". As a result, you have an implicit right to contact one or to contact somebody to arrange to get you one. After that it is pretty much a matter of state law. Most states have provisions requiring that you get one or more phone calls because they'd rather not have their cases thrown out for violating your right to counsel. Here, by way of example, is a chunk of California Penal Code Section 851.5

(a)(1) Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as described in subdivision (b).

(2) The arrested person shall be entitled to make at least three calls at no expense if the calls are completed to telephone numbers within the local calling area or at his or her own expense if outside the local calling area.

(b) At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place:

The arrestee has the right to free telephone calls within the local calling area, or at his or her own expense if outside the local calling area, to three of the following:

(1) An attorney of his or her choice or, if he or she has no funds, the public defender or other attorney assigned by the court to assist indigents, whose telephone number shall be posted.  This telephone call shall not be monitored, eavesdropped upon, or recorded.

(2) A bail bondsman.

(3) A relative or other person.

(c) As soon as practicable upon being arrested but, except where physically impossible, no later than three hours after arrest, the arresting or booking officer shall inquire as to whether the arrested person is a custodial parent with responsibility for a minor child.  The arresting or booking officer shall notify the arrested person who is a custodial parent with responsibility for a minor child that he or she is entitled to, and may request to, make two additional telephone calls at no expense if the telephone calls are completed to telephone numbers within the local calling area, or at his or her own expense if outside the local calling area, to a relative or other person for the purpose of arranging for the care of the minor child or children in the parent's absence.

Your mileage may differ, so check your local codes.
As always, IANAL

be well and have a good one.

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4 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --