For more than a week, the United States has been gripped by protests that have swept the nation after the death of 46-year-old George Floyd, an unarmed black man, at the hands of police officers in Minneapolis.
His death sparked protests in the Twin Cities that have moved to other major cities and suburbs throughout the country as people call for racial justice and police reform.
That right to protest is enshrined in the U.S. Constitution as outlined in the First Amendment, giving weight to the seriousness the founders allocated those rights.
But as Americans have watched, shocked, to see thousands of people arrested while protesting, there is confusion about just what that right means in reality.
That confusion is why the American Civil Liberties Union is educating protesters about what rights they do and don't have when standing up and speaking out.
Cheddar spoke to Vera Eidelman, a staff attorney for the ACLU's Speech, Privacy, and Technology Project, about what protesters need to know to protect themselves when demonstrating.
"The key things for folks to know if they're going out to protest is that their rights are the most protected in streets, sidewalks, and parks. You have the right to protest there and you also have the right to record," Eidelman explained. "So if there's anything you see that you want to record when you're out in public, you can take your phone out and start recording."
Protesting in the streets is allowed, though law enforcement may ask you to move to the side of the streets or sidewalks if the protest does not have a permit.
Protesting on private property is generally prohibited unless allowed by the owner of that property so it's safest to stick to public areas.
If you do record protest activity and you are later asked to delete those recordings, you are not obligated to do so.
"You should know that police officers cannot confiscate your phone or your camera. And they also cannot force you to delete your images," Eidelman said.
"They can stop you or ask you to stop if you are legitimately interfering with police work but photographing or taping them when they're doing their jobs — or when they're not — is not interference," she added.
If you are attending a protest, whether as a participant, observer, or journalist, and you are confronted by law enforcement, the ACLU encourages you to remain calm.
"If you're stopped, the first thing you should ask is if you're free to go. If you are, walk away calmly. If you're not, you should ask why you've been stopped and otherwise exercise your right to remain silent," Eidelman said.
Eidelman also encouraged protesters to document anything that they feel may be infringing on these rights and report it to the necessary agency.
This includes writing down any law enforcement personnel badge numbers or patrol car numbers, documenting any witness information, and taking photos or videos of the scene.
It's important to know your rights in these interactions as well, as reports of covered police badges, which have impeded access to those numbers, have emerged from the protests.
"They are obligated to give you their badge number. So any identifying information that you can find about them in that moment, gathering as much information as you can is important," Eidelman said.
The ACLU also has specific privacy concerns for protesters to be aware of that may not come to mind when thinking about interactions with police and law enforcement.
"Police shouldn't be able to get your DNA without a warrant, but that doesn't mean they won't try. So just like you wouldn't take candy from a stranger, you shouldn't take it from an officer," Eidelman said, outlining the ACLU's concern about police collecting DNA from protest debris.
With a move to increase surveillance in local communities and nationally, being aware of the tracking capabilities of these systems can protect protesters as well.
"Be aware that surveillance might be happening so do what you can and you feel comfortable with to avoid tracking. Whether that's wearing a mask, whether that's preparing your phone before you go out, protect yourself. Know your rights and know your risks," she said.
