Know Your Rights: First Amendment Protections

a black and white photo of a group of protesters, with red text that reads "first amendment protections"

Protest has always been a core driver of change throughout our history and we are here to empower you to be bold and unafraid.

If you are ready to take a stand against government abuses of power, call for change in our democracy, or advocate for the rights of your neighbors, check out our Know Your Rights information and resources below!

If YOU ARE PROTESTING AND YOU BELIEVE YOUR RIGHTS WERE OR ARE VIOLATED BY THE POLICE:  

  • Write down everything you can remember, including officer names and info
  • Get name and contact information from witnesses
  • Take time-stamped photos/video of injuries and get medical care as needed
  • If you are arrested, you should contact an attorney as soon as possible
  • If you cannot find an attorney or cannot afford one, you may request a public defender or court-appointed lawyer be assigned to you

*Please try to do the steps above as soon as possible, but even if it is some time after a police interaction, writing down what you can remember or trying to gather witness info or relevant photos/videos may still be helpful.

Click below for a list of protest and civil disobedience resources, including attorneys. 

Civil Disobedience Resources Printable (English)

RECURSOS PARA PROTESTAS Y DESOBEDIENCIA CIVIL (ESPAÑOL)

OTHER PROTEST RIGHTS INFORMATION

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How Do You Protect Your Privacy At A Protest?

Technologist Daniel Kahn Gillmor offers straightforward tips to protecting your phone, your information, and you identity from the government at protests and rallies.

More in this series

I am attending a public protest. What are my rights?

A.I am attending a public protest. What are my rights?

A.

Whether you are organizing or attending a protest, you have important rights to be aware of. Your rights are most protected in "traditional public forums" like sidewalks, parks, and streets. You also have rights if the police try to interact with you, detain you, or arrest you. If you think the police responded differently or more aggresively to your protest because of your message or viewpoint, let us know.

More information: 

Oregon Justice Resource Center  

ACLU National Protesters' Rights 

I was arrested at a protest. What should I know?

A.I was arrested at a protest. What should I know?

A.

If you are arrested or detained at a protest, you have rights. These include the right to remain silent, refuse consent to a search, and to have a lawyer. And while exercising your rights may not prevent the police from violating them, it can be an important tool for you to seek accountability and remedies in court later. 

More information: 

ACLU National Arrest Rights

I am a K-12 student in Oregon. Do I have First Amendment rights?

A.I am a K-12 student in Oregon. Do I have First Amendment rights?

A.

Students do not shed their First Amendment rights when they go to school. While your school does have some ability to limit your speech, that does not mean they can do whatever they want to silence you. 

Note: The First Amendment's speech protections only apply to the actions of public schools, not private schools. That is because the Bill of Rights is in place to protect us from government speech, and private schools are not operated by the government.

More information: 

ACLU National Student Rights

ACLU of Oregon Student Know Your Rights hub

I am an Oregon college student. Can I protest on campus?

A.I am an Oregon college student. Can I protest on campus?

A.

College campuses have long been a place of public dissent, discourse, and disagreement. While your college or university officials may take action or pass rules that limit some speech, they must be careful not to punish you for protected speech. 

More information: 

ACLU NorCal fact sheet*

ACLU of Oregon civil disobedience resources 

ACLU Letter to University and College Presidents and Administrations (Oct 30, 2024) 

*Disclaimer: the ACLU NorCal fact sheet contains some information that is specific to California law. That information only applies if you are in California. Oregon's constitution and laws offer similar protections, but they are not the same. 

I am a journalist. Do I have the right to record the police?

A.I am a journalist. Do I have the right to record the police?

A.

The First Amendment protects your right to record police doing their jobs when it an be observed in plain view from a place you have a right to be. The First Amendment also distinctly protects journalists and members of the media doing their jobs at protests. Protections for journalists at protest in Oregon include the right to be free from use of force, arrest, or dispersal so long as you are not comitting a crime. If you believe your right to record and report has been violated, let us know. 

More information: 

ACLU National Right to Record 

I was approached by the FBI for questioning. What should I say?

A.I was approached by the FBI for questioning. What should I say?

A.

Complaint SubmissionLocal and federal law enforcement have a long history of working together to infiltrate, undermine, and disrupt civil rights movements. If you are approached by federal agents to have a conversation or answer questions, you have rights. If law enforcement attempts to question you about your activism, let us know. 

More information: 

Movement for Black Lives

I think I am being surveilled by local law enforcement. How can I find out?

A.I think I am being surveilled by local law enforcement. How can I find out?

A.

Oregon law explicitly makes it illegal for police to collect or maintain information about your political, social, or religious views, associations, or activities without a reasonable belief that you are involved in criminal activity and the information directly relates to their criminal investigation of you. 

If you suspect the police are violating your rights under Oregon's anti-surveillance law, you have the right to access the records they have on you. If you learn that your rights are being violated by Oregon police, let us know. 

More information: 

Electronic Frontier Foundation — Surveillance Self Defense

ACLU of Oregon Public Records Requests hub

Important note: The Bill of Rights, including the First Amendment, constrains the government, not private actors like companies or employers, from interfering with the basic freedoms that allow us to participate in our democracy.

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