Protest safety 101: How to protect yourself when exercising your First Amendment rights
Donald Trump will be facing the largest protests of his second presidency this weekend — at least, the largest protests of his second presidency so far.
Over 2,000 No Kings protests are scheduled for June 14 to voice opposition to the Trump Administration's illegal actions, which organizers say include "defying our courts, deporting Americans, disappearing people off the streets, attacking our civil rights, and slashing our services." The rallies will also overlap with Trump's 79th birthday celebration, which is set to feature a military parade.
If Trump continues down his path, backlash will only continue to grow. Several protests against his administration have already taken place within the few months he's been in office, and several more are already scheduled through movements like No Kings and 50501.
Here are some tips to help protect your safety and privacy if you plan on attending any upcoming demonstrations.
It's best to leave your phone at home during protests so your location cannot be tracked. You can also leave it on while you're away so it shows your location as your residence. If you need to bring your phone with you to a protest, be sure to turn it off to stop your GPS from tracking you, and to have a password or pin.
Also be sure to turn off your biometrics — face ID and fingerprint — so law enforcement can't force you to unlock your phone without a warrant. U.S. courts have previously ruled that using biometrics to unlock phones does not violate the Fifth Amendment's protection against self-incrimination. However, police can't compel you to unlock your phone with a password or pin without a warrant.
It's best to wear plain clothes without distinguishable symbols or patterns so that you cannot be as easily identified by law enforcement or in videos and pictures. You should also consider covering your tattoos for similar reasons.
It is important that you do not wear makeup or contacts, as physicians stress that they can further irritate or damage your eyes if you come into contact with tear gas. Goggles or glasses are the best forms of eye protection.
Accessories like masks and sunglasses can also help conceal your identity if you do not wish to be identified by police or online. You should also blur the faces of other protestors if you take pictures or videos, out of both respect for their privacy and caution for their safety.
While Trump claimed recently on Truth Social that "MASKS WILL NOT BE ALLOWED to be worn at protests," no such law currently exists at a federal level. Some states have mask bans over a century old that were enacted in response to the Ku Klux Klan, but courts have issued varying rulings regarding their constitutionality.
For example, California Code, Section 185 makes it illegal to wear a mask in order to avoid being identified while breaking the law, but this does not apply to actions protected under the First Amendment, such as protests.
Before you leave for a protest, you should find an attorney you can call if you get arrested and write their phone number on your body in sharpie. That way, you'll have the number even if your possessions are taken, and the permanent marker will not come off as easily due to water or sweat.
The National Lawyers Guild has protest support hotlines for chapters located in 35 states plus Washington D.C.
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