Jayland Walker: What’s legal and what’s illegal during protests – Akron Beacon Journal
ACLU of Ohio has tips on what protesters can and can't do during protests
How a grand jury works, why some are contentious
A previous version of this video generalized what occurs if a grand jury decides not to indict; jurisdictions have different protocols.
USA TODAY
Akron is preparing for protests as a special grand jury considers whether the eight police officers involved in the killing of Jayland Walker last summer should be charged.
"Let me say that every person in this country has a constitutional right to assemble and non-violently protest," Akron Police Chief Steve Mylett said in a video statement this week.
Mylett said the city is establishing a dedicated demonstration zone on South High Street that will be blocked to vehicular traffic as a safety measure. Akron PoliceSgt. Michael Murphy Jr.has been designated as the police liaison for protest groups and protest leaders.
The chief also referenced advice for protesters from the ACLU of Ohio on what protesters can and can't do, including what to do if theyre confronted by police officers or public officials during protests or if they're arrested.
Read below to see what the ACLU recommends.
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The ACLU of Ohio said that generally (and not specifically about Akron), challenges from law enforcement to the right to protest have come in many forms, including mass arrests, illegal use of force, curfews and corralling protesters into so-called free-speech zones, with new surveillance technologies increasingly being used to collect information on peoples activities by their association with or proximity to protests.
Even without active obstruction of the right to protest, fear of police intimidation can chill public expression and result in self-censorship, the ACLU said.
You have the First Amendment right to peacefully assemble to protest.
You can protest in public spaces (public forums), such as streets, sidewalks and parks, as long as you arent blocking traffic. If anticipating a group large enough to block pedestrian or car traffic, contact your municipal government for more information.
You can protest without a permit in response to recent events.
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Some events may require permits, like a march that will block traffic or close streets, a rally that uses amplifiers or group demonstrations at certain parks or plazas. If marchers stay on sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit. Marchers may be required to allow enough space on the sidewalk for normal pedestrian traffic and may not maliciously obstruct or detain passersby.
You have the right to distribute literature, chant, hold signs and engage passersby in debate in public spaces without a permit. You can approach pedestrians on public sidewalks with leaflets, newspapers, petitions and solicitations for donations without a permit, as long as entrances to buildings arent blocked and passersby arent physically and maliciously detained.
You can photograph, video or audio record the police in public spaces.
What you say to police or do can be used against you, and it can give the police an excuse to arrest you.
You are required to provide identifying information like your name, address or date of birth to a law enforcement officer upon request, but you don't need to show identification. You can be arrested for refusing to identify yourself to an officer.
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You dont have to consent to a search of yourself or your car. Cell phones are protected by the Fourth Amendment, and police can't look at phone data or make you unlock your phone without a search warrant. Police can't view or seize property, including photos, videos, or devices, without a warrant, unless they make an arrest. Police can search someones belongings, home or other location, but generally mustobtain consent or a warrant from a judge. If a person is under arrest or there are dangerous circumstances, the police may pat down a person or look through their vehicle to search for a weapon. The ACLU said you should never consent to any search of yourself, your car, your cell phone or your house, as if you do consent, it can affect your rights later in court. If the police say they have a search warrant, ask to see it.
Police mayor can track protest planning on social media, including Facebook and Twitter, and track individuals using their cell phone location. No law prohibits police from lying, including posing as civilians in person or on social media.
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The government can limit speech by imposing narrowly drawn time, place and manner restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations; large groups using public parks; or limits on the loudness of sound amplifiers.
Your speech can't be restricted based on content, but the First Amendment doesnt protect speech that incites violence, is obscene or is threatening.
If you endanger others through the manner in which you protest, you can be arrested. A protest that blocks traffic generally requires a permit.
You don't have the right to block a building entrance or physically harass people.
Protesting on private property is not protected by the law. You can be arrested if trespassing. Private property owners can also set rules for speech on their property.
Dont interfere with, touch or verbally antagonize the police.
Avoid carrying any drugs or weapons. If you're arrested, you could face additional charges for their possession.
According to the ACLU, the constitution protects actions that symbolically express a viewpoint, like wearing masks and costumes or holding a candlelight vigil. But symbolic acts and civil disobedience that involve illegal conduct may be outside the realm of constitutional protections and can sometimes lead to arrest and conviction. Civil disobedience (violating the law to make a political statement) is not protected speech.
Generally, before making a mass arrest of demonstrators, police must issue a clear and easily heard order that tells everyone to leave the area and how to do so and give the demonstrators the chance to leave. At large demonstrations across the country, police have used less-lethal force against protestors, including sound amplifiers, Tasers, pepper spray, wooden or rubber bullets and physical violence.
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To detain a person, the police must reasonably believe that person committed a crime.
Ask if youre free to leave. If yes, calmly and silently walk away.
If youre being arrested, dont run, argue, resist, obstruct or lie, even if you believe youre innocent, as it could result in more charges. Keep your hands where police can see them. State law prohibits going limp in police custody, and its classified as resisting arrest.
The ACLU said you also shouldnt touch any police officer, complain on the scene, tell the police they are wrong, say that you're going to file a complaint or lawsuit or make any statements regarding the incident, as well as think carefully about your words, movement, body language and emotions.
The whole process, from arrest to release on bail, should take about 24 to 36 hours.
The police will ask you for basic biographical information and will take your fingerprints and photograph unless you've been charged with a very minor crime.
You have the right to remain silent, but you must clearly tell the police officer that youre invoking it and then be silent. The ACLU said you should tell the police nothing except your name, address and date of birth, if requested, and dont give any explanations, excuses or stories. Ask for a lawyer immediately upon your arrest.
If you cant pay for a lawyer, you have a right to a free one, and should ask the police how a lawyer can be contacted. The ACLU recommends that you dont say anything, sign anything or make any decisions without a lawyer.
Within a reasonable time after your arrest or booking, you have the right to make a local phone call. The police can't listen to any calls made between you and a lawyer, but other phone calls could be recorded and what you say could potentially be used against you later in court.
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If you feel your rights have been violated, write down everything you can remember, including officers badge and patrol car numbers, which agency the officers were from and any other details.Get contact information for witnesses.If youre injured, seek medical attention and take photographs of your injuries. File a written complaint with the agencys internal affairs division and civilian complaint board.
If you believe your rights have been violated, contact an attorney. Ohioresidents who believe their rights have been violated can report their concerns to ACLU of Ohio Attn: Intake Department, 4506 Chester Ave., Cleveland, OH 44103 or visit acluohio.org/resources/need-legal-help.
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Contact Beacon Journal reporter Emily Mills atemills@thebeaconjournal.comand on Twitter@EmilyMills818.
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Jayland Walker: What's legal and what's illegal during protests - Akron Beacon Journal
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