Protesting in Ohio and Kentucky? Here's what you can, can't do under the law
Those arrested face charges such as rioting, unlawful assembly, failure to disperse, obstructing a highway, obstructing emergency responders, criminal mischief, disorderly conduct and resisting arrest, The Enquirer reports.
What are your protest rights in Ohio and Kentucky? Can you wear a mask when protesting? Do you need a permit to organize a rally? Peaceful protests and assembly are protected under the First Amendment, but local or statewide restrictions still apply. Here's what protest attendees should know about their rights during demonstrations.
Your rights when protesting: What Ohioans can and can't do during protests
The First Amendment protects freedom of speech, assembly, and petition. Typically, demonstrations can happen in public places like streets, sidewalks, and parks. However, your freedom of expression could have limitations if it incites riots or violence.
While not an exhaustive list, here are a few rules Ohio protestors must follow, according to the ACLU of Ohio and the Legal Aid Society of Cleveland.
You can't protest on private property without permission from the owner.
You cannot stop others from using a public space, such as by blocking traffic or pedestrian walkways.
No fighting, rioting, or 'disorderly conduct' under Ohio law.
Law enforcement can implement "time, place, and manner' restrictions like enforcing noise levels or permits.
You may need a permit for events that block traffic or close down streets, or if you use amplifiers, such as bullhorns.
Demonstrators are allowed to wear a mask as part of their protest, but they may be required to provide information if suspected of a crime.
It is a federal crime to threaten to harm the president, the vice president, or a major candidate.
Do not physically or verbally antagonize the police or law enforcement.
Avoid carrying any drugs or weapons to protests. If arrested, you could face additional charges for possession.
Refusing to provide information or providing false information when stopped is illegal.
If you are arrested, the ACLU of Ohio provides additional guidance on what to do, such as not resisting arrest and your right to hire an attorney.
What are Kentuckians' rights during protests?
Similarly, the ACLU of Kentucky lists a few legal rules and tips for attending protests, among other suggestions, the Louisville Courier Journal reports:
Your right to free speech is strongest in public spaces, such as streets, sidewalks and parks. Speech can be restricted on private property.
In the event of a counter-protest, police can separate the two groups — as long as the groups can still see and hear each other. But they must treat protesters and counter-protesters equally.
Memorize an emergency contact's phone number or write it on your arm in case you lose your phone or other belongings.
If you are stopped by the police while protesting
The ACLU suggests the following if you've been stopped by the police during a protest:
Stay calm with your hands visible. Don't argue, resist, or obstruct the police, even if you believe they are violating your rights.
Ask if you are free to leave.
If you are under arrest, ask why and request a lawyer.
You do not have to answer any questions.
You can make a local phone call, and if you're calling your lawyer, the police are not allowed to listen.
You do not have to consent to a search of yourself or your belongings. Police may "pat down" your clothing if they suspect you have a weapon. If you refuse a search, that may not stop them from searching you against your will, but objecting before it happens or during the search can be helpful in legal proceedings.
Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete any data.
If you believe your rights have been violated, the ACLU recommends writing down everything you can remember (including the officers' badge and patrol car numbers), contact information for witnesses, and pictures of injuries to file a written complaint.
This article originally appeared on Cincinnati Enquirer: Ohio protests lead to arrests: See protest rights, laws in Ohio, Kentucky
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