The past decade has seen an increase in public rallies and protests in Philadelphia and across the U.S. For the vast majority of participants, these demonstrations are safe and empowering. Gathering in the open to voice support for a cause is an American right, guaranteed in the U.S. Constitution, integral, even to a healthy democracy.
Still, there’s a line between peaceful civil disobedience and arrestable actions. Examples: Most speech is protected; using your voice to incite unwarranted panic or unlawful activity is not. Gathering is legal, but preventing others from getting where they are trying to go is not. Ditto, you know, hurting others, breaking or damaging things that don’t belong to you (including stores and police vehicles).
Although most public meet-ups are peaceful, it’s best to be prepared for anything that might happen. Know your rights — and do some ahead-of-time prep.
Wear:
Comfortable shoes with closed toes.
Sunblock, and the sun-blocking things: Sunglasses, a hat.
Plain clothing, because this is a good time to blend in. Most people opt for black, but neutral tones work too. Lightweight, if it’s gonna be hot out.
Bring:
A small backpack (drawstring works) or big fanny pack, so you’re hands-free.
Bottled water, preferably in a lightweight container that you won’t be upset if you lose. Extra credit: Electrolyte tablets for that H2O.
Snacks.
A little cash. Stick some in your sock, like in junior high.
Any medication, like an inhaler, you need to take on a schedule, clearly labelled.
Some bandaids and antibacterial ointment, should you trip and scrape a knee — again, junior high vibes.
Sanitizer or wipes. It’s dirty out there.
A bandana or surgical or N-95-type mask.
ID — just know you should show it to police only if they’re detaining you on suspicion of doing something illegal. (See below.)
Phone — although if you’re worried about getting tracked, you could leave it home (or put it in airplane mode).
A sign! Use lightweight poster board or foam core. Make your message large and simple. If you’re done with it, give it to someone else, take it home for display in your window, or dispose of it in a nearby “One City, United” receptacle.
People will tell you other stuff: Extra clothes, goggles, extra masks. None of it is wrong, except …
Don’t wear / bring:
A lot of stuff to carry.
Contacts, in case of tear gas, pepper spray, other irritants.
Pets. This should go unsaid and yet …
Valuables.
Weapons, or things that could be perceived as such, like a pen knife or mace.
Friends who are hesitant to come, especially if being out and about puts them at additional risk. Current example: Immigrants and refugees at risk for deportation.
Plan ahead
Tell reliable friends or family members who are not going to the event that you are. Keep their contact info handy — write it on a piece of paper, like a note you might have passed back in … wait for it … middle school.
Really worried you’ll be detained or hurt? Use a Sharpie to write that a contact number — or (484) 758-0388, the hotline of Up Against the Law, a legal collective that will contact your contacts for you, should you get arrested — on your forearm.
Leave home early. If the demonstration is big, streets will be closed, which can screw up driving — which we advise against anyway — but also buses and rideshares. Best option: The subway, trolley or train, provided they’re running and close to on time. Or bike.
Meeting friends? Be specific about when and where. Which corner of 15th and JFK? Which side of the Rocky steps? At the top or the bottom?
Agree ahead of time on a couple rendezvous spots in case you get separated: The fountain at Sister Cities Park, maybe, or the closest Southwest corner of the street where you got separated, a nearby store, coffee shop with clean restrooms.
Have an exit strategy, and a backup. Streets — and public transit entrances — can close at a moment’s notice.
Include in that exit strategy a plan in case you get separated from your wheels. Have a couple options for places to hang out to wait things out. The Fairmount Whole Foods’ pub is kind of nice. So is the Parkway Central Branch of the Free Library (only they don’t usually serve wine there).
Also, and this is important: If things get scary, resist the urge to run. Move away quickly and calmly.
Know your rights.
You have the right to free speech
The First Amendment — as affirmed in a 1945 Supreme Court case — gives anyone in the U.S. the right to say what they want, as long as what they’re saying isn’t creating an unsafe situation for no reason.
In other words, “The government can’t treat speakers or protests differently based on their views or beliefs. What the government can do, for example, is say you can’t use a bullhorn at 2am in a residential neighborhood,” says Aaron Terr, an attorney at the Foundation for Individual Rights and Expression (FIRE), a legal nonprofit that specializes in free speech protections.
Another example (and old-guy favorite): “You can’t shout ‘fire!’ in a crowded theater.” You can shout fire, but legally only if there’s an actual fire.
Otherwise, say what you want.
On the other hand, if law enforcement stops you, SHUT UP. It’s a bit more nuanced than that — if you’re being detained on suspicion of something criminal, share your name — but really, aside from asking them to explain what they’re doing, or telling them you do not consent to a search, it’s best to zip it.
PA is a no-show identification state, so you’re not obligated to carry your ID with you or show it. On the other hand, if you are arrested, you’ll likely be processed faster if you do share your ID.
Here’s a video about all that from the National Lawyers Guild:
You have the right to assemble
“The First Amendment protects the right to protest in public, and that right is strongest in public streets, sidewalks, parks — those areas where Americans have historically exercised their right to assemble and speak their minds,” says FIRE’s Terr.
And, lucky for you, if your group gives them enough notice, the City of Philadelphia often does a good job of clearing a place or a Parkway for you to do so. Unlucky for us, the City is not great about putting their own closures, like for the Eagles Super Bowl Parade, on their own webpage. So, you’ll just need to check the news or Google maps the day of.
Also legal: “spontaneous protests in response to breaking news and events,” says Terr.
Don’t feel like giving any notice? Philly kinda has a designated spot for that, too. The Southwest corner of 5th and Market streets, on Independence Mall, across from the President’s House and the Weitzman Museum is the “People’s Plaza,” where a granite plaque displays the First Amendment. The National Park Service oversees this land, reserves the right to stop gatherings there — and would prefer you give them a heads up. But generally, if you have 25 people or fewer, no signs taller than 15 feet and no plans to cause trouble, you can assemble there without prior notice. Details here. (You can also book the space up to 14 days in advance.)
You have the right to record
“Courts increasingly have recognized a right to record law enforcement performing their duties, including the Third Circuit Court of Appeals, which has jurisdiction over Pennsylvania,” says Terr. “That’s something that, unfortunately, police officers either have been ignorant of or just disregard in the moment.”
If you see something amiss, like someone being arrested, and you want to film it Terr advises stepping back if law enforcement tells you to. Getting in the way of police could get you arrested, too.
Law enforcement does not have the right to confiscate your phone or camera or delete your photos or recordings.
You do NOT have the right to:
Block traffic or a sidewalk without a permit from the City. You must leave a path.
Demonstrate on private property without the owner’s express permission.
Destroy public or private property, including vehicles, walls, windows.
Physically harm anyone, including police officers.
Says Terr, “The First Amendment won’t help you if you’re engaging in violence, vandalism, or if you’re obstructing traffic without a permit. You can’t physically interfere with law enforcement operations.”
He adds, “There can be circumstances when violence or rioting becomes so widespread and out of control that the police may issue a dispersal order requiring everyone to leave an area. But they should only do that as a last resort, and they have to give advance warning of the order and a reasonable opportunity for everyone to comply before making arrests.”
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