Advice for protests this fall, according to a NYCLU attorney
Tips on how to stay safe—whether you’re a protester or journalist covering demonstrations.
By Claudia Gohn
Arrest Netanyahu protest in Washington D.C. on July 24, 2024
As fall quickly approaches, we also enter a new election season. We’re likely to see more protests, campaign actions, and demonstrations this fall as we approach a presidential race between a hotly contested new Democrat nominee Kamala Harris and a former president whose last election loss resulted in the Capitol Insurrection. This follows a year of protests and organizing related to climate change, the war in Gaza, immigrants’ rights, LGBTQ+ rights and anti-Trans legislation, student activism that garnered international attention, and more.
It’s safe to say that we should expect more protests in upcoming months. Here’s a (non comprehensive) list of tips to stay safe, with some advice from Justin Harrison, Senior Policy Counsel at the ACLU of New York.
Know what you’re getting into and what your rights are: Your rights as a protester look different if you’re on private property vs. public property. If there’s a permit required, or if there’s an agreement between students and staff during a campus protest, this could affect the risk involved by attending. Obeying the law while at a protest can also help prevent you from arrest. Harrison shares some advice: ”Don't give the police an excuse. Don't throw things at cops. Don't get in a cop's face and if he tries to place you under arrest or something like that, don't resist.”
Emphasis on situational awareness: When you’re at a protest, be aware of what’s going on around you and stay alert. Being aware of your surroundings can help you avoid getting hurt or be part of any escalation. “Keep an eye out for cops who look particularly agitated. If a fight starts—leave. Get out of the area, because you don't want to be around any sort of violence when the police respond,” Harrison says.
Bring a camera: Having a camera—whether that’s your phone or another digital camera—can help you document what happens and if the NYPD infringes your rights.
With that in mind, consider whether to bring your phone: However, if you want to film with your phone, you might consider the fact that your location can be tracked with your smartphone. Police can intercept phone calls and use other tools to identify your location during the protest.
“They can confirm that you were at the protest with this other person and that after the protest, you went to this address or you went back to your law school or you went back to Columbia University or that you went to your parents' house. Or if you met up with these six people before coming to the protest, the police can charge you with a conspiracy if something happens at the protest,” Harrison says.
Don’t get arrested. If you are arrested, call a lawyer: Call a lawyer and don’t speak to the police, Harrison suggests: “If you're being arrested, keep your mouth shut. Don't say anything. Ask for a lawyer. Be very clear in your request for a lawyer.”
Here’s some additional advice for journalists covering protests this fall:
Come prepared: Make sure you have your camera (and even a backup camera), first aid kit if you want, back up memory cards, and something to identify yourself as press.
Identify yourself as press: Wear a press badge or another item that indicates you are press. This helps separate you from the protesters, which is important if police start arresting demonstrators.
Use your camera: You’re there to document. Make sure you have the tools to do so.
You’re there as a journalist. Don’t get mixed up with the protesters: “Be prepared and be prepared to act professionally and act like a journalist and act like you are there to tell the story so that others can comment on it and get the footage so that other people can assess the situation,” Harrison says. “You're there to bring the news and you're not there to be a part of the scene.”
Claudia Gohn is a co-founder and co-editor-in-chief at Grassroots. She can be reached at claudia@grassrootsmagazinenyc.com