The First Amendment establishes the right to protest the decisions and actions of the government. People living in the United States have the right to gather peacefully. They also have the right to freedom of speech, which includes the freedom to criticize government actions.
Peacefully protesting can remind elected officials of their duty to the public. Unfortunately, those protesting may experience violations of their civil rights, possibly conducted by local law enforcement professionals. In fact, there have been several large settlements in recent months for alleged police officer misconduct at protests in 2020. As more protests occur, people may need to prepare themselves to push back against law enforcement misconduct.
Know what constitutes misconduct
Those participating in protests generally need to understand the rules that apply to them and to the law enforcement professionals keeping the peace. Typically, people cannot use voice amplification devices without a prior permit.
Police officers may require that they remain in specific areas, such as on sidewalks or in cordoned-off spaces. Those who step onto the road or force their way onto private property could be at risk of trespassing allegations. So long as people do not overtly violate the law, police officers should not summarily arrest people for their presence at a protest or mistreat them for protesting.
If officers decide to take people into police custody, they should typically do so with the least amount of force necessary. They should not become aggressive toward those who comply with their instructions or use an inappropriate amount of force while restraining a peaceful protester.
Document what occurred
Mobile phone pictures of injuries, videos of encounters, detailed journal entries describing exactly what occurred and other documentation can be critical when trying to hold the police officers accountable for inappropriate conduct.
People may need to seek out medical care to validate their allegations that they sustained significant injuries. They typically also need to avoid sharing that documentation on social media, as doing so could potentially compromise their legal case.
Discuss the issue with a lawyer
A civil rights case brought against law enforcement professionals can be an uphill battle. Most people cannot handle even basically legal matters on their own behalf, let alone a complicated issue involving police misconduct and the violation of an individual’s civil rights.
Those who believe they have experienced police officer misconduct at a protest may need help determining if they are in an actionable position. A lawyer can provide them with insight into that matter. An attorney can also help develop a legal strategy, communicate with the appropriate law enforcement organization and file any necessary paperwork with the courts.
Fighting back when a peaceful protest leads to injury or an unfair arrest can help people assert their civil rights. Protesting peacefully is not a violation of the law that justifies aggressive law enforcement behavior.
