How to Run a Protest - Basics

How to Run a Protest - Basics

By Susan Basko, esq.

See Also:  Counter-Protesters and Counter-Demonstrators
See Also: High School Protest Rights

At least once a week, I get a query from someone wanting to run their first protest. There's a lot of protests happening these days.  That's a good thing, since it means people worldwide are exercising their rights to seek redress of grievances by calling public attention to the matter.  The basic list I am giving here is for the U.S. Please understand that what is legal in the U.S. may not be so elsewhere.  In fact, in some nations, protesters have been put to death.  This is also a reminder that if you are in the U.S., to cherish and value our rights to protest.  If you see a protest, rather than think of it as an annoyance, think of it as a refreshing and valuable exercise of our U.S. Constitution.   Even if you don't agree with the protesters, be proud of the freedom that gives them the right to protest.

HOW TO RUN A PROTEST:

1.  CHOOSE YOUR TOPIC. Your protest must have a topic.  The protest can be for something, against something, or generally educational or rallying.   Some topics can be wide: for example, against racism, against police brutality, for reproductive rights. Or a topic can be narrow: a protest because a particular police officer was not indicted for police brutality, a protest against a particular expansion of a pipeline, etc. 

2. CHOOSE YOUR FORMAT.  There are many kinds of formats for protests, including a march, a rally,  camping in tents, a sit-in or holding a space, attending a public meeting and possibly raising a ruckus, street theater such as performance, a flash mob of singing or dancing, projection of pictures or video, holding a group bike ride, candlelight vigil, etc.  Some protest formats are low commitment, such as a rally and march, and some are high commitment, such as camping, a sit-in, or holding a space.

The most common forms of protest are a rally and a march.  A rally takes place in one large public location, such as park or plaza.  A march moves as a line or parade along a sidewalk or street.

3. PICK A LOCATION.  PERMITS: THE GENERAL RULES.  In most locations in the U.S., the general rule is that you do not need a permit to protest, unless you are going to be blocking the street or interfering with pedestrian, car, or bike traffic.  

The other general rule is that it is legal to hold a protest in a PUBLIC space such as a government plaza or park, unless it is specifically designated as being for some other purpose such as art displays or music concerts.  The PUBLIC sidewalk is a legal place to hold a protest march, but you must leave enough space for others who also want to use the sidewalk.  Conversely, it is generally illegal to hold a protest on PRIVATE property. Some examples of private property are a shopping mall or a private plaza or private sidewalk. 

If you want to close down the street and want to do it legally, you need a permit. If that is your plan, you are best to get a local lawyer to assist you.  Many will do this for free.  (NOTE: International law states that if a protest is spontaneous in reaction to current events, and if there is a mass of people, then they should be allowed to fill the streets.  Police are supposed to facilitate the right of a large group to fill the streets in such a situation.)

For a BASIC protest, let's say you are going to meet in a public location and then go on a sidewalk march. Let's say you expect a group of anywhere from 20 to 200 people to attend.

Try to pick a location that relates to the topic of the protest or to the intended audience.  For example, if you want to show your support or disapproval of a certain act of government, you may want to stand with signs by the side of a busy road during rush hour and ask people to honk their car horns in agreement.  If you want to protest something the federal government is doing, show up at a federal plaza or building.  If you want to protest what a mayor is doing, protest at City Hall.  If you don't like what a certain company is doing, protest outside their headquarters or nearby location.  If no location is applicable or convenient, then pick any general public plaza or sidewalk.  

4. SET YOUR DATE AND TIME.  Most cities, when giving permits for a protest, allot time slots of 2 hours.  If this is your first protest, stick to the 2-hour window.  That keeps it compact and manageable.  As you get more experienced and have a group you can trust, you can move on to more elaborate plans.  Even if you are running your protest without a permit because you do not need one to hold a protest on the public way, it is still a good idea to limit your protest to 2 hours total, including gathering and clean-up afterwards.  More people will show up for a protest that has a specific time slot they can plan for around their jobs, classes, child care, transportation, etc.

Choose the date, day of the week, and time slot when your people can attend.  For a successful first protest, it is best to choose a time when students and workers can attend without problems, which is usually after school or work or on a weekend.  Check what is happening at the place you plan to hold the protest. For example, if you plan to hold your protest in a city plaza, but if at that same time there will be a band concert or a holiday event in the plaza, you are best off choosing a different time or place.    

5. NOISE: When setting your date and time, be sure you are not interfering with religious services that are held near your chosen location.  In many cities, it is illegal to make noise outside a place of religious worship during services.  It may also be illegal to hold a noisy protest near a hospital, school, or nursing home.  It is also illegal to interfere with a clinic or with patients or medical personnel coming and going.

6. FORMAT/ SCHEDULE.  You have chosen your topic, your format, your place, your date and 2-hour time slot.  Now, figure out how you will spend your 2 hours.  Usually this will be divided into gathering, holding the protest, and breaking up/ clean-up.  The typical events include people holding signs, speakers, chants, singing, music, dance, drumming.

One of the most effective protests I ever saw was a simple march down a sidewalk in a very busy area in a major city, where each of the marchers held a yellow helium-filled balloon on a string.  They had a drummer.  They had a few signs to explain what they were protesting.  They had information people to talk with the public.  They also had printed flyers they would hand to people who showed an interest.  

7. GATHER YOUR GROUP.  Publicity. Commitment.  Dividing Responsibility.
AND THEN ..  HOLD YOUR PROTEST.

 8. CLEAN UP.  Be sure to allot time to CLEAN UP afterwards.  Leave the space cleaner than you found it.  Pick up and remove all signs, flyers, water bottles, and all other items.  Do not leave any mess.  Bring some big trash bags with you, make sure everything gets into them.  And then find a proper place to dispose of the trash bags.  It may seem like you are leaving an altar or reminder of your protest by leaving your signs displayed in a park or street, but when the wind comes, you have left a big mess.  Just clean it all up and be proud of making no mess.

9. WILL YOU BE ARRESTED?  The main thing that gets protesters arrested is blocking the streets.  It is as simple, and as complicated, as that.  See other posts here for more info.   In large cities, there are many protests each day, and most of them are held with no trouble at all.  

Quick Protest Planning: 10 Easy Steps

Quick Protest Planning: 10 Easy Steps

by Sue Basko

See also:  Basic Protest Planning - easy how-to
See also: Counter-Protesters and Counter-Demonstrators
See also: High School Protest Rights

Need to put on a protest really soon?  If so, quick protest planning is for you.

1) Pick a Topic.  You can be for something, against something, or informative/ educational.

2) Pick a place.   It must be “the public way,” meaning a public sidewalk or publicly-owned plaza that is not part of a park.  If you are staying within the public way and not in any way interfering with the flow of vehicle or pedestrian traffic, you should not need a permit. 

NOTE: If you have a large group protesting a recent event, and if you will not fit on the sidewalk and must take to the streets, international law says that the police should allow you to be in the street, even if it inconveniences others.

3) Pick a day and time.  The best bet for a quick-planned protest is to pick an afternoon time slot of 2 hours, on whatever day of the week you think people will come.   You have to be there the whole time, but attendees will come and go.  

4) Invite people.  Set up an events page on Facebook.  Tweet it on twitter.  Make a website or blog about it.   Post about it in logical places.  Put ads on Craigslist under "events" and "politics."

5) Make signs.  Nowadays, most  protest signs must be hand-held, because sticks of any size are not allowed.  That means a sign should be no larger than 18 inches by 24 inches, so a person can easily hold it.   Many protests hold a sign-making party before the protest. Some protest organizers print up signs to provide to attendees who did not bring their own signs.  If sign sticks are allowed, if you limit them to the length and width and thickness of a wooden measuring yardstick, you should be fine. 

Update June 2020:  Sticks or poles of any kind are now definitely not allowed.  Make your signs of paper or cardboard and of a size so they can be easily carried and held by one person.  Don't allow sticks, flagpoles, banner poles, plastic pipes, or any other thing that could be used as a weapon.

6) Find out if you can use a loudspeaker or megaphone.  Check the municipal ordinances for sections on noise, sound, amplification, etc.  If you can use one, try to get one.  If you cannot use one, plan to use call-and-response.  Make up some easy call-and-response chants.

7) Decide how you want to run the protest.  Will there be speakers?  Will people lead the protesters in call-and-response?  Will you walk on the sidewalk to someplace?   Will there be music? (Invite acoustic musicians or drummers.)   Plan an agenda of what happens when, where, by whom, and how.  Write it down.  Stick to it.  Give copies of the agenda to many key people so they also know what is happening.  Try to do these things online and digitally, so you are not creating pieces of paper that will become litter.

8) Get people to help.  Assign some people to be crossing guards or to keep protesters on the sidewalk or just generally to help keep the group organized and on track.  Get people to commit to speak,  to clean up. Invite acoustic musicians or drummers.  Ask everyone to bring their own water, but it is also a good idea to have some bottles of water available.  

9) Last Minute Preparations: Keep reminding people about the event.  Try to get a certain number of people to commit to coming.  Prepare what you will bring:  Sound system, signs, trash bags for clean-up.

10) On the day of the protest, show up a little early to greet early arrivals.  Start off slowly, since most people will arrive late.  Run the protest.  End on time.

And don't forget: > Clean up.  Pick up all flyers, water bottles, or other trash.  

For more detailed information, see:

Permits for Protest Marches
FREE Download - Occupy Poster by Aaron Kuehn

Top 7 Things That Get People Arrested at a Protest aka How to Not Get Arrested
Time, Place, and Manner Restrictions on Peaceable Assembly
Oakland Police Department Crowd Dispersal Policy
Occupy Protests and the First Amendment
Agents Provocateurs: What and Who They Are
Flash Mob Protests
Undercover Cops at Occupy Protests
High School Protest Rights

     

High School Protest Rights

High School Protest Rights (and some other topics)

by Susan Basko, Esq.

High School students in the U.S. have the right to protest, just like adults do, but not during school time and not on school grounds.  During school time and on school grounds, high school students are required to follow the school and district rules.  After school and off school grounds, you are free to do whatever is legal, just like anyone else.  You can run a protest or attend a protest after school or on the weekend, just like anyone else.

Public vs Private Schools. These laws apply to students at public schools.  Students at private schools or religious schools may be agreeing to a set of rules or a Code of Conduct that directs what a student may do, even in their free time or off campus.  What is a "private school"?  That is a school that is run by a private foundation, by a church or religion, or by a private company. "Charter schools" are privately run, but are paid for by public school money, so this is a grey area.  In general, a charter school can reject a student who breaks their rules.  

Religious high schools, colleges, and universities very often prohibit students from supporting or promoting beliefs that run contrary to the religion.  Students agree to adhere to the rules in order to be allowed to attend the school.  Topics such as abortion, sexual orientation, marriage rights, promotion of legalization of marijuana or drugs -- may be off-limits for students attending some religious schools. Some religious schools go much further than this in their restriction of students' personal activities.  If you are a high school student, your parents are legally allowed/ required to decide what school you attend.  When you are 18 and over and attending college, you should find out the school's beliefs and policies and restrictions before choosing the school.  If your beliefs differ from those of the school and if you are going to have to refrain from voicing your beliefs, the school may not be a good fit for you.  If you attend a private or religious high school or college, you are agreeing to abide by whatever rules or restrictions the school has, and you can be punished or expelled from the school for not following their rules and you generally will have no legal recourse, unless the school itself is doing something illegal, such as physical or sexual abuse.  If that is the case, you have to make a police report.

Law vs Private or Religious School Rules.  Let's be careful to make the distinction between what is legal or illegal versus what is against the rules of a school.  If a student attends a private or religious school that prohibits a student from participating in a protest that is legal, then the student may be in violation of the school rules, but is not breaking any law.  The student might be punished or expelled by the private or religious school, but will not be in any criminal trouble with the law. For example, if you attend a religious college that says you cannot support the right to abortion, and if you do support the right to abortion, then you are violating the rules of the religious college you have chosen to attend, but you are not violating any law.  You can be punished or expelled by your college, but you will not be breaking any law.  

PUBLIC SCHOOLS:

How do you know what your school rules are?  You can look on your school's website and on the school district website to find their rules.  It will be called a "Code of Conduct," a "Student Handbook," a "Discipline Policy," "School Rules," or some such thing.  If this is not online on your school's website, you may have to ask in person for a paper version of it.

Let's look at this in detail.

Punishment: The general legal rule is that a public school cannot punish a student more harshly for an act that is done as a protest than it would for the same act done for another reason.  For example, if an unexcused absence gets a specific punishment, then an unexcused absence for a protest should get the same punishment.  

What is "school time"?  School time is when you are on the school grounds, in school, at a school-sponsored activity or sport, on a school trip, bus rides, hotel stays or home stays while on a school trip, etc.  Also included in school time would be any school camp, summer program, trip abroad, semester abroad, exchange program, etc.  Also included are school dances, proms, graduations and other ceremonies, musical, dance, and theater rehearsals and performances, art shows, school fundraisers, etc.  Basically, any activity connected to school, whether you are on or off the campus, is considered school time where the students are subject to school rules.

What are "school grounds"? That is in the school buildings, on the surrounding grounds, on any other associated buildings or grounds.  This usually includes parking lots, walkways, sports fields, etc. The grey area is the public sidewalk that surrounds the edge of the school, as well as bus stops or bus loading areas that may be on that public walk.  If you plan to use that public walk to pass out flyers, or hold a walk-out, march, or protest, try to find out if the school claims it as part of their grounds.  

School Cops or School Resource Officers:  These are usually sworn police officers whose duty is to be within a school.  They have police power and are allowed to tell students to do something or stop doing something, within the limits of the law.  They also have arrest power.  If there is any abuse of the power or physical or verbal abuse, the students and / or parents should report it to the school, the district, and to the police.

Putting up Posters: Most schools require a student to submit a poster for approval before it can be hung on a bulletin board.  Approval is usually based on if the poster is for a school-sponsored event and if the poster is in good taste.  Don't be surprised if your poster for a protest is rejected or removed off a bulletin board.  Some schools, particularly colleges but also some more liberal high schools, will have the official bulletin boards and in addition, will also have a bulletin board where almost anything can be posted.  You may want to push for your school to have such a bulletin board.  It is always illegal to put up a poster that advocates for anything illegal, and putting up a poster that includes hate speech or that advocates violence will be against school rules and will usually be illegal, too.

Passing Out Flyers:  High school students supposedly have a First Amendment right to pass out flyers.  However, many high schools have rules against even bringing flyers to school, let alone passing them out.  High schools might also have rules against standing in a hall or at an entry way passing out flyers.  This used to be a huge deal before the days of the internet.  Now, it may be just as effective to announce your protest using social media.  If you want to pass out flyers, you are best off to do this on the public sidewalk that is adjacent to the street.  That sidewalk is least likely to be considered school property and least likely to be considered subject to school rules.  No matter where you are passing out flyers, it is illegal to pass out flyers that advocate anything illegal.  

"Speech" in Clothing:  Most public high schools do not have a school uniform, but do have a dress code.  Some dress codes may prohibit wearing any clothing that has words or a message on it. If wearing clothing with a message on it is allowed, then wearing a political message is allowed, if it meets other requirements. 

The following are the "Do Not" rules from the Portland, Oregon Public Schools Dress Code.  These are typical of a non-restrictive public school district's dress code, with the exception that most school districts expressly prohibit a student from wearing any gang identifiers of any kind, including gang insignia, colors, styles, or pictures associated with a gang.  Portland is sliding down the slippery slope by leaving it open as a possibility for a student to wear gang identifiers.  What criteria are used to determine if a student wearing gang identifiers endangers the safety of other students or staff?  And doesn't marking oneself as a gang member always endanger the safety of the person wearing the gang identifier?  The school dress code rules in Portland, Oregon, include these "do nots":

Non-Allowable Dress & Grooming

• Clothing may not depict, advertise or advocate the use of alcohol, tobacco, marijuana or other controlled substances.
• Clothing may not depict pornography, nudity or sexual acts.
• Clothing may not use or depict hate speech targeting groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation or any other protected groups.
• Clothing, including gang identifiers, must not threaten the health or safety of any other student or staff.
• If the student’s attire or grooming threatens the health or safety of any other person, then discipline for dress or grooming violations should be consistent with discipline policies for similar violations.

Walk-Outs:  School walk-outs are generally breaking school rules and are considered an unexcused absence.  Some school walk-outs are tolerated by some school administrations.  It depends on the walk-out and on the administration.  See the section above about "Punishment," and read this post about school walk-outs being elitist.  At one recent national school walk-out against school shootings, many schools allowed students to run a rally or ceremony on school grounds.  This was wise, since it kept students safe and on the school grounds, and also limited the time they were out of class to about one class period.  If students want to walk out and if the school is too strict, this can cause the students to have to walk away off the school grounds, which can possibly endanger them.  If you are a high school student planning a school walk-out at your school, you may wish to enlist the support of parents or teachers who might be able to help get the walk-out sanctioned.  If you are a high school student and if you participate in a walk-out that is not sanctioned by the school, then you will be subject to punishment, but the punishment is not supposed to be any more than if you left school for any other reason.  That will be determined by a number of factors, including the discipline policy at your school, how your school wishes to interpret that policy, and how it wants to interpret your actions.  

Protest Planning: Yes, a high school student can plan a protest!  A high school student can participate in a protest!  Your safest bet is to plan a protest for after school time or on a weekend, and off school grounds.  Here is a guide to quick protest planning.

Protest Writing and Posting Online:  High school students may legally write their political opinions and post them online.  However, a high school student can get in trouble at school or with the police for posting hate speech, sexual harassment, personal harassment, or by posting about violence or violent plans.  A student will also get in trouble at school and with the police for posting pictures or videos that include hate speech or hate ideas, sexual harassment, personal harassment, violence, violent plans, or that show the student or others with guns, other weapons, drugs, or in sexual situations.  Hate speech is speech that targets others based on race, national origin, religion, sexual orientation, citizenship status, or disability.  Speech that encourages others to commit suicide or harm themselves will also land a student in school and legal trouble.  Videos or photos or recordings that invade the privacy of others will also land a student in trouble --  even if the student thinks it is a prank. 

Cell Phone Videos:  In recent years, cell phone videos have been used powerfully to show abuse being committed by police, staff, teachers, or students in a school.  It is generally legal to video the police at their jobs, and generally legal to video in a public location, however, a school might have rules against making cell phone videos in school.  Therefore, if you are making a cell phone video at school, you should do so very discreetly so you are not seen doing this and only make a video if you feel you are morally obliged to do so because you are witnessing abuse by a person in power.  You may have to later defend your actions, but we assume you are making the video because you feel a moral imperative to do so-- for example, you feel you are witnessing intolerable abuse and want to make a record of it so the person is held accountable.  If you find yourself in this situation, it is really best to get advice and help from a lawyer or legal organization.

If you make a video of such people, you may be invading privacy if you post the video online.  Youtube has a "face blurring" tool.  You can read here about the Face Blurring Tool.   Using a face blurring tool does not guarantee you will not be accused of invading someone's privacy, but it is helpful.

If you make a video that depicts sexual activity or nudity of someone, you should not post that online, because you may be distributing child pornography or pornography or obscenity.  You need to consult with a lawyer, because you may have created child pornography by making the video.  You may have wanted to "bear witness" to abuse you saw others committing, but you are likely to be perceived as a participant since you were there with a video camera.  Do not post such a video and do not pass it around.  Seek legal advice immediately.  If you need free legal help, there may be a legal clinic in your community or at a local university or law school.

In most instances if you are present when a fellow student is engaged in sexual abuse of another student, it would be better if you were to either intervene to stop the sexual abuse you are witnessing, or to seek a private location and call police.   You might be surprised at how powerful it can be for one person to say, "Hey, stop doing this."  The best course of action would be to walk out and call police. The worst course of action would be to participate or to stand around gawking or laughing.

IF YOU HAVE MADE  A VIDEO that depicts abuse by a school police officer, staff, or teacher, this can be used as a powerful form of protest that can lead to significant changes at your school.  However, be cautious and aware that your path may not be easy and you will need all the legal support you can get.  

Kettling: What is it?

Kettling: What is it?

by Sue Basko

See also: Counter-Protesters and Counter-Demonstrators
see also: Masks and Bandannas at Protests

Kettling at a protest is when police form a cordon and squeeze protesters together to "capture" them.  Kettling is also when police form lines to keep protesters from escaping a certain perimeter.

ALSO - BE SURE TO WATCH THE VIDEOS AT BOTTOM OF PAGE.

Kettling is often illegal and/or dangerous.  If an order to disperse has been called after an unlawful assembly has been declared, the police are supposed let people leave.  Kettling may be considered a human rights violation because while kettled, people are often kept for hours without access to water, food, bathrooms, the ability to communicate with their families, etc.

People kettled in the Occupy protests have then often been kept for many hours without food, water, or toilet use.  Some have been severely beaten by police after being kettled.   Hundreds have had zip-ties placed too tightly on their wrists for many hours.  There are many reports of nerve damage and numbness to hands and fingers.

Police have started to use the term Frozen Zone, probably to try to avoid letting it be known they are engaged in dangerous kettling/ illegal tactics.  Frozen zone is an area into which no one will be let in or out, in other words, this is kettling with a set perimeter.  There can be smaller kettling within a frozen zone.  The idea of the existence of a frozen zone is also used by police as an excuse or reason to keep journalists and reporters out.  (At Chicago NATO 2012, the Federal Protective Service (FPS) used the term "Red Zone" to describe an area with many federal buildings that were being heavily guarded by the FPS, but movement within the zone was not restricted.)

Los Angeles November 2011: At the November 30, 2011 raid on Occupy L.A., an order to disperse was called for the park area.  Those not wishing to be arrested were told to leave.  A few hours later, a second order to disperse was called on a nearby street.  Many people have reported that, as they tried to leave, they were kettled by cordons of police.  Many people were arrested and/or beaten as they tried to leave.  These people left the area they were told to leave, only to meet up with traps laid for them blocks away.  Others were immediately trapped and arrested as they tried to follow the order to leave.  Please note there was no protester violence or property damage.  Scroll down to bottom of this page to watch video of woman describe her experience in the LA raid kettling.

Why?  In the Los Angeles situation, it appears the police were trying to get arrest numbers up to justify the expense of a huge raid involving 1400 officers in riot gear, helicopters,  etc.   The only way to do this was to arrest peaceful people simply trying to leave.   There is no other plausible explanation, since there was no violence or property damage occurring and no logical reason to keep people from freely leaving the area.  In this incident, the LAPD used the term frozen zone to explain their kettling tactics.

Oakland January 30, 2012:  In Oakland on January 30, 2012, police kettled hundreds of protesters on a street outside a YMCA.  A police officer announced over a loudspeaker that the people were under arrest for failure to disperse from an unlawful assembly and that the protesters were given 3 prior warnings and were now under arrest.  Spencer Mills, aka Oakfosho, reported that he heard no such warnings being given, and his  video coverage audio is in agreement that no such warnings were given, or were not given to that particular group in that location.   Out of the approximately 400 arrests that day, only 12 have resulted in charges being filed.  It certainly sounds as if about 380 people were arrested and subjected to hours of torment followed by hours or days in jail -- for no particular or legal reason.

Staying Safe:  You are more likely to stay safe at a protest if you avoid being near provocateur types.  Police will target in on them and you may be caught in the cauldron.  If you are near such people, move far away from them.  Also keep in mind that such provocateurs may be police plants.

If it is a sidewalk protest, stay on the sidewalk; do not walk into the street.  If someone is leading people into the street, it is a provocateur or police plant or just bad leadership.  In any case, there is no logical reason to follow.

Safety from Police.   When the police are creating lines of officers to keep people from leaving a protest, as was done at the Occupy L.A. eviction, it is confusing as to what to do.  Some people have reported that they politely cooperated as they were detained by a line of police,  only to find themselves being arrested and sent to jail for several days on bogus charges.  Their physical safety and human rights were violated while in custody.  Others ran to flee and were beaten.  Others maneuvered cleverly enough to evade capture.   In such a situation, it helps to have quick-thinking ninja skills.  It seems there are no right answers when wrong things are happening, and you need to do what you can to protect your own safety.

It seems a full outside investigation should be done on this L.A. incident. In other kettling incidents worldwide, there have been investigations and lawsuits.  Kettling is often considered illegal and a violation of human rights.  

 Wikipedia has a good article about other kettling incidents.

See also: Unlawful Assembly at a Protest / Failure to disperse
California Penal Code Sections 407, 408, 409
California Penal Code Sections 403 - 420.1
Oakland Police Department Crowd Dispersal Policy