Protest Safety & Rights: A Field Guide for Peaceful Resistance

A brief field guide for peaceful resistance

Peaceful protest is one of the oldest forms of American participation—a reminder that power still answers to people. Whether demonstrations rise in response to authoritarian overreach, attacks on rights, or local injustice, the principles are the same: show up, stay calm, move together, and keep it nonviolent. Authoritarianism grows when people stay home and look away; it recedes when enough of us stand together in public and say no. We do not need everyone, just a steady, disciplined presence large enough to be seen, heard, and impossible to ignore. Numbers create safety, and clarity creates momentum.

A little preparation goes a long way toward keeping you and the folks beside you safe and effective. Whether this is your first protest or your fiftieth, a quick refresher on safety and rights helps everyone show up with confidence. Peaceful assembly is protected by law, and the most durable movements pair courage with discipline. Know your rights, plan ahead, move with a buddy, and look out for one another so the message stays clear and everyone gets home safe.

The following guide includes sections on everything from phone security to what to do if tear gas or pepper spray is deployed. It isn’t exhaustive, but it covers the essentials to help you stay safe, focused, and effective. While most protests remain peaceful and orderly, it’s still worth understanding how to stay calm and protect yourself if something unexpected happens. Being ready for the worst doesn’t mean you expect violence—it means you value safety, solidarity, and the ability to keep your protest nonviolent even under pressure.

The following should be considered general information, not legal advice. If you are organizing, coordinate with local attorneys or NLG legal observers for city-specific rules.

Quick checklist (pack light)

Water and snacks: Stay hydrated and keep your blood sugar steady. Dehydration and low energy make it harder to stay calm and alert.
Comfortable shoes and layers: You may walk or stand for hours. Closed-toe shoes with support are best. Layer clothing so you can adapt to weather and heat.
Mask or respirator; sealed goggles if you have them: Helps with both anonymity and protection against tear gas or pepper spray. Swimming goggles beat nothing.
Small first-aid kit; hand sanitizer: Include band-aids, gauze, saline, and any personal meds. Hand sanitizer doubles as minor wound cleaner.
Cash; photo ID only if you choose to carry it: Cards may be useless if devices are seized or power goes out. Carry only the ID you’re comfortable handing over.
Legal hotline and an emergency contact written on your arm: Ink it where it won’t wash off. Phones can be lost or confiscated.
Charged phone with a strong passcode; portable battery: Bring an extra cable and keep your phone in low-power mode when possible.
Buddy plan and a meet-up point: Move in pairs, agree on a regroup spot in case of crowd dispersal.
Accessibility: If you have mobility, medical, or sensory needs, coordinate with a buddy or local organizers ahead of time. Many groups maintain accessibility marshals or medic volunteers who can help.

What not to bring

Weapons or anything that could be mistaken for one (including heavy tools)
Illegal substances
Valuables you can’t afford to lose
Pets or small children if tensions may run high
Contact lenses if you can avoid them (gas and debris stick to them)

Your rights in public spaces (nationwide)

Public forums: Your rights are strongest on sidewalks and in parks — the law calls these “traditional public forums.”
Permits: Not required if you stay on sidewalks or in parks without blocking others. They may be required for occupying streets, closing lanes, or using amplified sound. Permits control logistics, not your message. Organizers usually handle them.
Free-speech zones and barricades: Must be narrow and tied to genuine safety needs. Authorities can’t push you out of sight simply for convenience.
Recording: You can film police performing duties in public so long as you’re not physically interfering. Officers generally need a warrant to view or delete footage.
Media awareness: If approached by journalists or livestreamers, you don’t have to give your name or comment if you’d rather not. When filming or posting, use good judgment — focus on the event, not individuals, unless there’s a clear public interest or safety reason. Visibility is powerful, but so is protecting people who might face risks for being identified.

If police engage you

Ask calmly: “Am I free to go?”
- If yes → leave calmly.
- If no → say “I do not consent to a search,” “I wish to remain silent,” and “I want a lawyer.”
You generally don’t have to answer investigatory questions in any state.
Caveats:
- If driving, you must show license and registration.
- In “stop-and-identify” states you may need to give your name during a lawful stop.

Phone and digital hygiene

Turn off Face ID and Touch ID, and use a long passcode. Biometrics (face or fingerprint) can legally be compelled in many jurisdictions, but passcodes are much better protected under the Fifth Amendment. A long numeric or alphanumeric passcode keeps your phone’s encrypted data locked even if it’s seized and prevents accidental unlocks during tense moments.
Keep your camera accessible from the lock screen. Both iPhone and Android let you swipe or press a button to record video without unlocking your device — a safer, faster way to document police activity or crowd events while keeping your data protected.
Limit lock-screen previews and back up your data.
Use airplane mode or turn off location services when not needed.
Use end-to-end encrypted messaging for logistics. Signal is solid for you — just don’t plan wars with a reporter accidentally invited to your group chat like the government did.
Assume group chats can be screenshotted. Share information on a need-to-know basis.

If you are arrested

Stay calm. Do not resist physically.
Say: “I am invoking my right to remain silent. I want a lawyer.”
Do not consent to searches or sign anything without counsel.
Use your phone call for the legal hotline or a trusted contact who can alert a lawyer.
After release, record badge numbers, times, locations, and any injuries while memories are fresh.

National Guard and federal agents

Guard under a governor can assist civil authorities under state law.
When federalized, the Posse Comitatus Act bars them from domestic policing unless Congress or a specific statute authorizes it.
Expect troops in support roles; arrests are usually by police. Your rights to speak, record, and decline consent don’t change.
If ICE or other federal agents appear: stay calm and do not run. If they approach you, remember that you have the right to remain silent and do not have to answer questions about citizenship or where you were born. Politely ask, “Am I free to go?” If you are, walk away. If you are detained, clearly state, “I am exercising my right to remain silent and I want to speak to a lawyer.”
Citizens do not have to show proof of citizenship. Non-citizens should carry any immigration documents required by law. If agents come to your home, do not open the door unless they present a judicial warrant signed by a judge — an ICE administrative warrant is not enough. Ask them to slide it under the door or show it through a window before deciding what to do.

Health and crowd safety

Move with a buddy or small group. Set a meet-up point in case you’re separated.
Watch for kettling — if police lines start to close, move sideways and out early.
Avoid following provocateurs or anyone encouraging escalation.
De-escalation: If you see a tense interaction escalating, don’t shout or rush in. Record from a safe distance, stay calm, and look for legal observers or medics. Calm energy diffuses panic faster than volume.
If exposed to pepper spray or tear gas:
- Don’t rub eyes or skin. Get to fresh air.
- Remove contacts. Rinse eyes with clean water or saline only.
- Bag contaminated clothes separately; wash skin with soap and water soon.
- Skip homemade mixtures — water or saline is safest.

Curfews, orders, and dispersal

Cities can issue content-neutral, narrowly tailored rules.
Dispersal orders must be clear and provide time and a safe route to leave.
Document locations, wording, and officer behavior if enforcement is uneven.

After the march

Eat, hydrate, rest, and check in on your people.
Back up your photos and videos.
Note badge numbers, times, and locations while details are fresh.
Share credible misconduct evidence with civil-rights groups or legal observers.
Document the good, too. Post photos of peaceful crowds, creative signs, and moments of solidarity. Share what you witnessed (the scale, the tone, the energy) through social media, community pages, or a short blog post. Visibility matters. It reminds others that protest can be disciplined, hopeful, and effective, and it helps draw more people out next time.
Community follow-through: Keep the momentum going. Follow local organizers, mutual aid groups, and coalitions working on the issues that brought you out. Protest is the signal, sustained participation is the follow-up.

Showing up is a necessity. Showing up prepared is smart. Know your rights, look out for each other, keep your cool, and get home safe. Every peaceful gathering adds weight to the idea that power still answers to people. The law protects that right in every public forum; governments can manage the logistics, but not the message.

Sources and Resources

ACLU Protesters’ Rights (national overview).
Clear, up-to-date primer on public forums, permits, dispersal orders, and more. https://www.aclu.org/know-your-rights/protesters-rights

ACLU Stop and Identify Statutes in the United States.
Helps check whether your state requires you to state your name during a lawful stop. (Always pair with local counsel for the latest).
https://www.aclu.org/documents/stop-and-identify-statutes-in-the-united-states

EFF Surveillance Self-Defense: Attending a Protest.
Phone/privacy best practices, printable pocket guide.
https://ssd.eff.org/module/attending-protest

National Lawyers Guild — Legal Observer & Mass Defense tools.
Find legal support, request observers, and see protest-focused resources.
https://www.nlg.org/massdefenseprogram/los/

Reporters Committee for Freedom of the Press — Right to record & legal guides. Strong coverage of filming police and related case law; national legal hotline.
https://www.rcfp.org/resources/

FIRE — Time, Place, and Manner (First Amendment explainer).
Plain-English breakdown of how governments can regulate protest logistics without targeting viewpoints.
https://www.thefire.org/research-learn/time-place-and-manner-limits-speech

Cornell LII — Forum doctrine (public, designated, nonpublic).
Handy refresher on why sidewalks/parks are the strongest speech spaces.
https://www.law.cornell.edu/wex/forums

Physicians for Human Rights — Tear gas & pepper spray guide.
Medical, field-ready advice for exposure and aftercare. (Avoid home remedies.)
https://phr.org/our-work/resources/preparing-for-protecting-against-and-treating-tear-gas-and-other-chemical-irritant-exposure-a-protesters-guide

Freedom Forum — Recording police overview. Accessible summary of how courts protect the right to film officers in public.
https://www.freedomforum.org/recording-police

For city-specific hotlines and rapid response numbers, check your local ACLU and NLG chapters — most list updated protest and jail support lines before major events.

This guide is for general educational purposes and does not substitute for legal advice. Laws and procedures can vary by state and city.