So you want to protest?
The following page contain some safety tips, rights information, and guides to Arkansas law to be aware of as you get involved in protests, demonstrations & direct actions.
Protest Safety Tips
Write the phone number of someone you trust onto your arm in sharpie in case of arrest. Apply a layer of hairspray so that it does not sweat off or smudge.
Wear comfortable closed shoes that make fleeing easy in case of emergency.
(like tattoos or birthmarks) if you have fears of being doxxed or recognized by those at the protest. Lipstick and concealer can help cover tattoos, hats and bandanas can cover facial recognition.
Be aware that the police will monitor your location via cell towers/service providers. This includes when your phone is turned off. Put your phone in airplane mode for safety and disable facial recognition and fingerprint id.
Documentation can be used to doxx, stalk, arrest, or harm individuals attending the protest. Documentation should only be used in times of crisis or documenting things such as harmful police activity, and faces of those participating in direct action should be blurred/removed if shared. Consent is important in all photography & all photography/video comes at a cost/risk. Be considerate.
This is a safety risk to you as you may be less aware of your surroundings, or more prone to heat exhaustion.
in case of emergency, whether this be people designated by the protest leaders or by your close friends and community.
1. Write the phone number
2. Wear comfortable closed shoes
3. Utilize the buddy system!
Always have someone that knows where you are or who is with you at the protest. Set a predetermined meet-up point in case of emergency. Make sure that someone you trust knows your legal name in case of arrest!
4. Bring water, snacks and first aid kit
Bring water, snacks and a first aid kit. Know where the medics are if they are available.
5. Be conscious of your surroundings
Remain vigilant about who you are with and how you interact with them. Just because someone is at a protest doesn’t mean that they are a safe person. Police and counter insurgents are known to infiltrate protests in order to create surveillance conditions or cause harm.
6. Cover all identifying markers
7. Phones are traceable!
8. Do not take photographs of protesters
9. Do not drink alcohol or consume mind-altering drugs before a direct action.
10. Pinpoint who you trust
KNOW YOUR RIGHTS
THE FOLLOWING SECTION INCLUDE OUR RIGHTS ACCORDING TO THE ACLU. UNFORTUNATELY, WE ARE AWARE THESE RIGHTS ARE RARELY FOLLOWED ON THE GROUND. KNOWING WHAT OUR RIGHTS SHOULD BE ACCORDING TO THE LAW IS POWERFUL INFORMATION. GET IN TOUCH WITH INTRANSITIVE OR THE LITTLE ROCK FREEDOM FUND IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED.
WHEN ATTENDING A PROTEST…
Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.
Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
Counter protesters also have free speech rights. Police must treat protesters and counter protesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.
When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.
You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
IF YOU BELIEVE YOUR RIGHTS HAVE BEEN VIOLATED…
When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
Get contact information for witnesses.
Take photographs of any injuries.
Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
IF POLICE ISSUE AN ORDER TO DISPERSE THE PROTEST…
Shutting down a protest through dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.
If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.
GUIDANCE ON IDENTIFYING YOURSELF TO THE POLICE…
State law says you must identify yourself to a law enforcement officer upon request
However, police can’t legally arrest you for refusing to provide your name unless you are suspected of criminal activity, or your identification is needed to protect officer safety or resolve whatever reasonable suspicions prompted the stop.
If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.
Police can ask your name if you have been properly detained.
If asked for your identity, you must use your discretion as to whether you wish to refuse, to ask the law enforcement purpose behind the request, or to comply.
ARKANSAS PROTEST & “RIOTS” LAWS
LAST YEAR, ARKANSAS LEGISLATORS MADE SOME CHANGES TO EXISTING PROTESTING LAWS. SOME OF THE CHANGES CLASSIFY PROTESTS AS A RIOT AS A WAY TO FURTHER CRIMINALIZE PEOPLE.
ARKANSAS LAWS & POSSIBLE CONSEQUENCES
Spitting or throwing bodily fluids or human waste at first responders is 3rd degree battery with a mandatory minimum $2500 fine and at least 30 days imprisonment. This same action is also considered aggravated assault if it causes serious injury, involves the use of a deadly weapon, or involves the display of a firearm. Even the threat of these things escalates police violence.
Throwing objects such as bricks, rocks, bottles, fireworks, chemical agents, etc. is aggravated assault against Law Enforcement Officers or first responders if it causes serious injury, or involves the display of a firearm or use of a deadly weapon.
Aggravated assault against a first responder (firemen, paramedics, law enforcement) is a class C felony with a mandatory minimum fine of $10K and at least 90 days imprisonment.
Painting or graffiti could be “criminal mischief in the first or second degree” & the court must impose restitution and an additional 25 hours of community service (the offense level and sentence depends on the amount of damage caused).
Damage to or destruction of monuments may be considered an act of terrorism.
NEW ARKANSAS LAWS ON “RIOTS”
A “riot” is violent conduct by three (3) or more persons acting in concert that creates a substantial risk of: causing public alarm; disrupting the performance of a governmental function; damaging or injuring property or a person; or impeding travel or public right-of access to a road, highway or thoroughfare designed for transit.
Riot and aggravated riot sections were amended to require mandatory minimum imprisonment for 30 days/45 days respectively, plus restitution.
There is mandatory restitution for conviction of inciting a riot.
Obstructing a highway or other public passage is a class A misdemeanor.
The Attorney General may investigate instances of riot, aggravated riot, inciting a riot, and obstructing a highway or other public passage and to refer them to the prosecutor for possible prosecution.