Editors’ note: A version of this story first appeared on KQED.
Widespread demonstrations in Los Angeles against increased immigration enforcement continued earlier this week after the Trump administration deployed the National Guard to the region, and the West Contra Costa County Chapter of Indivisible members are planning to join a series of nationwide No Kings rallies Saturday.
Meanwhile in San Francisco, police officials said they arrested more than 150 people — including six children — during protests in the city’s downtown on Sunday night. The Daily Cal is reporting that at least three UC Berkeley students were among those arrested and two reporters for the student newspaper were “detained by SFPD before being released.”
The Bay Area has a long history of protest. But if you plan on attending a rally yourself, on any cause, how can you stay safe? What are your rights as a protester?
And remember: If you’re unable to join a rally or protest in person for whatever reason but want to make your stance on an issue known, you always have the option to contact your elected officials to express your opinions.
Have a plan — and then a backup plan
In the last year, the Bay Area has seen many passionate demonstrations ranging from students opposing construction replacing People’s Park in Berkeley and a march in response to a Supreme Court case addressing how cities can respond to homelessness to protests, rallies and vigils drawing thousands of people around the region in support of a cease-fire in Gaza — joining direct action taking place nationwide.
And there’s a lot you can do before a protest.
No Kings June 14 protest
What: Multiple protests are planned as part of a national effort to draw attention from Pres. Trump’s Washington, DC, Flag Day activities.
Where: Events are planned in El Cerrito, in the 11400 block of San Pablo Avenue and Cutting Boulevard (near Safeway) from 12 p.m. to 2 p.m.; and in El Sobrante at the corner of Appian Way and San Pablo Dam Road, 1 p.m. to 3 p.m.
More info: To find an event by zip code, visit this map.
Travel with friends
Choose a meeting place beforehand in the event you get separated. You may also want to designate a friend who is not at the protest as someone you can check in with.
Charge your phone. However, some activist groups also recommend taking digital security measures, such as disabling the fingerprint unlock feature to prevent a police officer from forcing you to unlock the phone. Others also recommend turning off text preview on messages and using a more secure messaging app, such as Signal.
Also, make sure that you can function without a phone. Consider writing down important phone numbers and keeping them with you.
Research the intended protest route
This may be confusing since there’s not always a clearly stated route (a protest is, or course, not a parade), but some protests have preplanned routes.
By knowing where the protest is headed, you will be able to plan how you might avoid being caught in a “kettle” or other containment method — and be able to leave when you are ready.
Know who is organizing the protest
It’s worth doing some research on the people and groups behind any protest you plan to attend to make sure it’s in alignment with your values and objectives. During certain Black Lives Matter protests in San Diego in June 2020, for instance, organizers warned demonstrators to avoid specific events they said likely had been surreptitiously coordinated by white nationalist groups.
Pack a small bag
Bring only essentials such as water, snacks, hand sanitizer and an extra phone charger.
The active component in tear gas adheres to moisture on your face. So it’s also a good idea to pack an extra N95, surgical mask or face covering in case you are exposed to tear gas.
Some people recommend bringing basic medical supplies and a bandana soaked in vinegar or in water in a sealed plastic bag in case there is tear gas. Others recommend a small bottle of water — or even better, a squirt bottle — to pour on your face and eyes.
If you get tear-gassed, it is often recommended to:
- Close your eyes.
- Hold your breath.
- Get out of the area as soon as possible.
- Rinse your eyes when possible (ideally using what you have packed with you).
Know your rights
You are entitled to free speech and freedom of assembly. However, your rights can be unclear during curfews and shelter-in-place orders. The American Civil Liberties Union has a detailed guide to your rights as a protester or a protest organizer. Notably, when police issue an order to disperse, it is meant to be the last resort for law enforcement.
“If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path,” according to the ACLU. Read our guide to your rights as a spectator.
If you are photographing others, it is recommended to respect privacy, as some may not want to have videos or photos taken. This may also depend on context, location and time of day. In some cases journalists, or those documenting events, have been the target of tear gas and rubber bullets.
The First Amendment gives you the right to film police who are actively performing their duties, and bystander videos can provide important counternarratives to official accounts. Read our guide to filming encounters with the police safely and ethically and where to share your footage.
Additional information can be found from the ACLU and the National Lawyers Guild — the NLG has pocket-sized know-your-rights guides in multiple languages. Writing the number for the NLG hotline (and other important numbers such as emergency contacts) on your arm in case you lose your phone or have it confiscated is another suggested way to ensure you have it — should you need it.
Be aware of your surroundings
During the first few days of George Floyd protests in the Bay Area in June 2020, there were fireworks, fires, rubber bullets, tear gas, flash-bangs and even some gunshots. Being aware of your surroundings includes having an understanding of what possible actions may occur around you.
Know the possible law enforcement ramifications of attending a protest
In April 2024, San Francisco District Attorney Brooke Jenkins announced that she was considering charging a group of pro-Palestinian protesters with a felony for blocking Bay Area freeways. People who were stuck in traffic on the bridge, Jenkins wrote on X, “may be entitled to restitution + have other victim rights guaranteed under Marsy’s law.” Most recently, the case was brought before a Superior Court judge in October 2024.
ACLU Northern California’s legal director, Shilpi Agarwal said she found the move by Jenkins had the potential to cast a “chilling effect” on speech in the Bay Area.
“Lawful protests are, by design, meant to be visible and inconvenient,” Agarwal said. And while the government can place “reasonable limits on protest” in what is called a “time, place, and manner restriction” — meaning authorities can call for certain parameters of protest for safety or other people using the space — the government may not tell people they cannot protest. And in public spaces, Agarwal said, “people are allowed to protest.”
What kinds of law enforcement charges could protesters face, however? Agarwal said while charges for protests can be nuanced, at a basic level, if you are engaged in a protest and encounter police officers who then determine for “some reason” you have violated the “parameters” of the protest, there are usually three charging options available to officers:
- An infraction: typically a ticket where you show your ID, get a citation and may have to appear in court. Usually, an infraction is just a fine to pay.
- A misdemeanor: for which “you rarely serve” jail time for low-level offenses, Agarwal said.
- A felony: A more serious criminal charge that usually brings jail time.
Agarwal said the “vast majority of offenses that are commonly charged at protests, when the police do get involved, are typically infractions or misdemeanors.” Common provisions for protesters have been something like resisting arrest, disrupting a public meeting, and failing to disperse.
The Center for Protest Law and Litigation’s senior counsel, Rachel Lederman, said restitution is common in criminal cases, adding that pro-Palestinian protesters who blocked the Bay Bridge in November 2023 are currently paying “a very small amount of restitution to one person who had a specific medical bill, that they attributed to the traffic blockage.”
In April 202, California State Assemblymember Kate Sanchez introduced a bill before the Assembly Transportation Committee that would create a new infraction for those who obstruct a highway during a protest that affects an emergency vehicle. AB 2742 proposed a fine of between $200 and $500 for the first offense, $300 and $1,000 for the second offense and $500 to $1,000 for additional offenses, but ultimately stalled in the California legislature.
Reminder: Your rights are at their highest in a public forum
When considering your rights, take into account the location where a protest may take place — it could be a campus, a city council meeting, or a usually busy road. And Agarwal said that while the law is complicated and can vary in different situations, First Amendment rights are generally “at their highest when something is a public forum” — that is, a place like a sidewalk or a public plaza.
Aside from the time, place, and manner restriction, “when you have a public forum, there is very, very little that the government can do to regulate your speech,” she said.
Conversely, First Amendment rights are at their lowest at places like private homes, Agarwal said.
“It doesn’t mean that you have no rights, but it does mean that whenever and wherever you are on something that is not a public forum, the strength of your First Amendment rights starts to wane,” she said. “And the government can do more to regulate what you can and cannot say.”
Read more about your First Amendment rights at a protest.
Attending a protest when you’re not a U.S. citizen
One question people have: “I’m not a U.S. citizen. Can I even be part of a protest?”
It’s a question that’s only become more pressing against the backdrop of high profile activity by U.S. Immigration and Customs Enforcement (ICE) agents in recent months, spurred by President Trump’s promises to conduct mass deportations in his second term. June’s protests in Los Angeles came as ICE announced the arrest of over 100 immigrants in the city over the previous week. In the same period in San Francisco, at least 15 people were arrested following appearances at ICE check-ins, including a 3-year-old.
The technical answer is: Yes, you can attend a protest as a non-citizen. “As a general rule, people who are not citizens have the same First Amendment rights as citizens,” said attorney Carl Takei, the community safety program director at the Asian Law Caucus: a civil rights organization based in San Francisco that offers services to low-income, immigrant, and underserved Asian Americans and Pacific Islander communities.
The First Amendment of the United States Constitution is meant to protect five basic rights: freedom of religion, freedom of speech, freedom of the press, peaceful assembly and petitioning the government. Whether you have a green card or no permanent legal status, you are still protected by the Constitution, and that includes your right to be part of a peaceful assembly, like a march or rally.
However, judges have argued that many of the Trump administrations plans and actions right now flatly go against the Constitution. And legal scholars and immigration advocates have warned that the president is testing his ability to challenge due process in the area of immigration particularly.
Bear in mind also that there are limitations to First Amendment protections. For example, they do not protect speech that can be considered true threats, incitement, fighting words or harassment. The First Amendment also does not protect against “violent or unlawful conduct, even if the person engaging in it intends to express an idea.” Here is a complete guide on how First Amendment protections apply in protests.
But what if you’re a non-citizen who’s determined to attend a protest right now? Undocumented people and green card holders have always faced additional risks at a protest that citizens don’t, warned Takei — especially when law enforcement gets involved.
“A green card holder is required under federal law to carry evidence of their permanent resident status,” he explained. He adds that carrying a fake green card or identification and presenting that to law enforcement could make the situation a lot more difficult.
“If you’re stopped by the police, you have the same rights as anyone else,” Takei said. “You don’t need to consent to a search, answer questions or sign anything.” Even if the situation seems intimidating, Takei explains, you have the right to remain silent and not share personal information with law enforcement.
And if you’re asked a question about your immigration status and debating whether to share false information or remain silent, “it’s better to remain silent,” said Takei.
But ultimately, if you’re set on protesting as a non-citizen, the most important thing you can do to protect yourself is to make a safety plan for yourself before going to a protest, he recommended. “Write out the contact information for resources, including an attorney or legal organization, and make sure that you’ve talked with friends or family about what to do if you are arrested or if anything goes wrong,” he explained.
Remember there are many ways to protest
As the disability community continues to remind others, there are many ways to show up.
You can participate in many meaningful ways that don’t include attending an in-person protest or rally. This could include educating yourself, voting, talking to your community and supporting grassroots organizations, as outlined in this 2020 guide.
You can also contact your elected officials to express your opinions. For more information on what “call your reps” actually means, read this explainer.
KQED’s Beth LaBerge, Peter Arcuni and Richmondside staff also contributed reporting to this story. A version of this story originally published on KQED in April 2021.
