So, you’re planning to go to a protest. How should you prepare for it?

1. Make sure that the organizers are legitimate. Research who is organizing the protest. If the protest appears to be organic and spontaneous, that calls for significant caution when deciding to participate in it. Here, common sense and objective weighing of risks and benefits are necessary.

2. If the protest is not organic, do some research see how the authorities/police have handled past demonstrations/protests. Try to ascertain whether there is a likelihood that the police may use unreasonable force when confronting protesters, including the use of tear or pepper gas, rubber bullets or God forbid, live ammunition. Will mounted officers be present?

3. Use Google, Apple Maps, or the like to scope out where the demonstration is being held. Identify likely escape routes.

4. Try to find out if a permit has been issued for the protest. If so, try to review the permit’s provisions. Be prepared to abide by its terms completely. You don’t want to give the authorities any excuse to break-up the protest. Note that a permit may not be required. Protesters generally are not required to have permits for speaking out in public places, although certain places like the National Mall and Winchester Hall may require them. 

•  Keep in mind that marching/protesting on public property IS constitutionally protected if those activities do not interfere with the area’s ordinary use. For example, if you’re picketing on the sidewalk, make sure that pedestrians can easily use the sidewalk as if the protest didn’t exist. 

• ALWAYS remember that, if the protest occurs on PRIVATE PROPERTY, the leaders of the protest or the protesters themselves must obtain the private owner’s consent to use their property for that purpose. The owner could impose conditions on its use, and those conditions MUST be complied with. Constitutional protections generally do not apply to the private owner’s actions. The owner, however, could be liable for negligence and personal injuries and the like, depending on the circumstances. 

• If the police are called, constitutional protections apply. If you protest on private property without the owner’s consent, you may be charged with a criminal and/or civil violation. At the very least, you likely would be committing a trespass offense. Depending on the facts, you could be charged criminally, the owner could sue you civilly, or both. Don’t do it!

5. Remember that not all speech is constitutionally protected. Unprotected speech includes obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography. Be on the lookout for speech that appears to be obscene, inciting violence, and actual fighting words or threats.

• See https://sgp.fas.org/crs/misc/IF11072.pdf

You’ve done your research and will attend the protest. What should you take with you?

1. Pack water to drink and perhaps flush gas out of your eyes.

2. Pack a respirator mask, like those worn during COVID, and perhaps sunglasses. These steps will help to thwart the effects of gas and make face-recognition by authorities more difficult.

3. Wear a hat or other somewhat protective head cover that could cushion a blow to the head.

4. Fully charge your phone and take steps to safeguard your data. [We’ll cover those steps later.]

5. Most importantly, contact a trusted friend to let them know about your plans and tell them where you plan to be if trouble occurs.

6. Memorize your friend’s telephone number and/or write it on your arm. If you already have a lawyer, give that phone number to your friend and write it on your arm.

7. You might wish to call your lawyer to tell them your plans before you leave.

8. Take necessary medications with you, just in case.

Now you’re at the demonstration!

1. Enjoy the experience! 

2. However, stay aware!! Pretend you’re a pilot or driving in heavy traffic. Use your common sense and all your senses. It is impossible to go through all the possible scenarios that could occur.

3. If something triggers your senses, stay calm and determine the nature of the disturbance. Be on the lookout for speech that is obscene, incites violence, or sounds like actual fighting words or threats.

4. Be on the lookout for commotions and raised voices in the crowd. They’re dead giveaways.

5. If your radar says trouble is brewing, stay as calm as you can. Walk briskly away from the problematic behavior and proceed to your pre-planned escape route and safe spot. If that can’t be done, just get away and try to find safety. Don’t run unless you are physically in danger. Call your trusted friend. Do not join in the ruckus. If you’re at the center of the problem, all bets are off.

6. If the situation has deteriorated, and the police decide to act: The police should not act against the demonstrators unless they have probable cause to believe that they’re in imminent physical danger or ordinary public use of the area is disrupted. Absent that, they first must read you the “riot act,” with words to the effect of, “You must leave this area within five minutes (it must be a “reasonable time”) or we will disperse you.” Hearing that, quickly and calmly leave the area, go to a safe area, and call your trusted friend.

7. The protest is over. Go home…….

NOTE: This article provides general information and is not legal advice.                      

©Marc L. Weinberg 2025, All Rights Reserved

1. Filming/photographing events, including police activities, is constitutionally protected. The public interest demands that.

2. Do not interfere with police activities and keep a distance. If the police order you to stop recording/photographing, refuse and state that your actions are constitutionally protected.

3. The Police cannot take your camera, see your images/videos, destroy them or otherwise mess with them without a valid warrant.

4. Be mindful of capturing other persons/participants, if possible. They are fair game in public and generally have no privacy rights. However, the authorities could use your video/photographs for prosecutorial purposes. After the demonstration, review your videos/photographs and try to remove as many people as possible without destroying what you were trying to capture. In other words, “crop out” unneeded details for your artistic and journalistic purposes.

5. Consider privacy rights. For example, you can video a police officer harming a person. Stop recording, however, when the person is being placed into the ambulance. That’s where an expectation of privacy exists. If YOU are the injured person, you can video everything if you’re up to it!

NOTE: This article provides general information and is not legal advice.                      

©Marc L. Weinberg 2025, All Rights Reserved

1. Don’t fight it. Cooperate completely.

2. Ask on what basis you are being detained. Remember the response.

3. If you can, take pictures or videos of the entire arrest. Make sure to include the arresting officer’s badge, name tag, and any other identifying information, such as the patrol car’s number, and the agency that the officer/officers work for.

4. Don't say anything. Only say that you are claiming the right to remain silent until you have legal representation. At that point, ask to make a phone call to your attorney and/or your trusted friend.

5. Don’t sign anything.

6. You are entitled to make one or more phone calls depending on the arresting agency’s practices. If you’re respectful, you might be able to make several.

7. Talk to your lawyer. The police CANNOT listen to your call or your discussion.

8. If you can’t contact your lawyer. Call your trusted friend and inform them, with as much detail as possible, about your situation. The police can listen to that call. Ask your friend to call/contact your lawyer as soon as possible to inform the lawyer about your situation.

9. If you don’t have a lawyer, remember that you are entitled to free legal representation. A lawyer will be appointed for you when you appear before a judge.

10. Throughout all of this, don't say anything (other than “small talk”) without legal representation!

11. As soon as possible, try to remember everything that happened. When it happened. How it happened. Every detail. Write it down at the earliest possible time. THIS IS ESSENTIAL!

For more: See https://www.aclu.org/know-your-rights/stopped-by-police 

NOTE: This article provides general information and is not legal advice.                      

©Marc L. Weinberg 2025, All Rights Reserved

1. DON'T LET THEM IN.

2. Ask why they are there and request to see their warrant. Any warrant MUST be signed by a judge or an authorized administrative official. If they can’t present a warrant, refuse entrance.

3. If they have a warrant, you have a right to read it. If you can’t read it through a window, ask the authorities to slide the warrant under your door. If that’s not possible, give them LIMITED consent to open the door only to hand over the warrant for you to examine it and then to give it back to them. After you’re done reading and returning it, tell them that you need a minute to think about the situation and close the door.

4. Review the warrant for accuracy and specificity. The warrant must accurately identify who or what is subject to the warrant. If they wish to search for something within your private space, the area and the objects must be specifically identified. If it is an arrest warrant, it must specifically and accurately name the person to be arrested. No fishing expeditions are allowed.

5. All aspects of the warrant MUST be accurate and specific. If anything is wrong (the street name, someone’s name, ANYTHING), the warrant is invalid. Refuse entry and tell them the warrant contains inaccurate information and is invalid. They’ll have to go back to the judge to get a corrected warrant or they’ll just decide not to seek a new one.

6. If all appears accurate and complete, you have no choice but to let them in. Remember, you can record the entire occurrence. Cooperate fully, but DON’T SAY ANYTHING, other than small talk.

7. In all cases, find/call a lawyer! If you’re arrested, you know what to do.

8. All these items apply if you are involved in an encounter with ICE. It also applies if they stop you in or near your car:

• If you are stopped by ICE or its agents, they can check the outside of your vehicle to ascertain if an immediate threat exists. The Fourth Amendment protects the space within your car from warrant-less searches. (Exceptions exist.) 

• ICE generally cannot open your door, smash your window or the like without a signed warrant. After a brief external search, they may ask you whether you are a U.S. citizen. You can choose to answer that question in the affirmative. Then, they must let you go. (Note that they cannot ask for your “papers” unless they are at the border.) If you refuse to answer that question, they cannot detain you unless a reasonable suspicion exists that you are breaking federal immigration law or other federal criminal law. 

• This also applies if you’re stopped outside of your vehicle. Always ask if you being detained and, if so, on what basis. Their reason must satisfy the above standard. They need to cite the specific violation of immigration or other Federal law. While certain exceptions apply, they also need to present you with a valid warrant issued by a judge or other legally authorized person.

NOTE: This article provides general information and is not legal advice.                      

©Marc L. Weinberg 2025, All Rights Reserved

1. Use a virtual private network or VPN on all your electronic devices. A VPN hides the location of your IP address. For example, if I’m using my phone here in Frederick, the outside world will think that I’m in Australia or Idaho, or whatever. Note that using VPNs sometimes slows down data speeds and blocks access to some Web site or emails. You’ll learn “workarounds.”

2. Clean up your social media posts and/or deactivate one or more of your social media accounts. Delete content that could expose you to investigation or worse. Use your common sense.

3. Protect your phone's data. Turn off facial or fingerprint recognition. Lock your phone and ensure that the only way to get into it is by entering your password. If the authorities ask you to unlock your phone, refuse.

4. Turn off location services. No one needs to know where you are. Only turn them on when necessary.

5. Remember that you usually can use your camera from your lock screen!

6. Turn on all data protection features, including end-to-end encryption. Different phones and operating systems have different procedures for this. Research and implement them.

7. Create emergency contacts that you can reach without accessing your phone’s data. Ensure that your data is saved to a cloud service. See if your phone supports an emergency contact’s ability to wipe all data from your phone remotely. You’ll be able to retrieve your data later from the cloud.

NOTE: This article provides general information and is not legal advice.                      

©Marc L. Weinberg 2025, All Rights Reserved

Here are the relevant portions of our Constitution that protect us from Federal and State government civil rights abuses. Note that Amendments I through V apply only to the Federal Government. Amendment XIV generally applies Amendments I through V to the States.

AMENDMENT I

Congress shall make no law … abridging the freedom of speech, or … the press; or the right of the people[1] peaceably to assemble, and to petition the Government for a redress of grievances. 

AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

AMENDMENT V

No person[2] shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury … nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law….

AMENDMENT XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are [U.S.] citizens … and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

*    * *

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.[3]

[1] From Black’s Law Dictionary: “When we speak of the rights of the people, or of the government of the people by law, or of the people as a non-political aggregate, we mean all the inhabitants of the state or nation, without distinction as to sex, age, or otherwise. [Emphasis added.] See https://thelawdictionary.org/people/

[2] “Person” is given the broadest possible meaning, including natural persons up to and including corporations. See, e.g., Citizens United v. F.E.C., https://supreme.justia.com/cases/federal/us/558/310/.

[3] The scope of Congress’ power has controversial and has been narrowed significantly by the U.S. Supreme Court. See https://constitutioncenter.org/the-constitution/amendments/amendment-xiv/clauses/703.