Rights, Risks, and Responsibilities in Activism

A veteran civil rights attorney outlines key legal and practical guidance for protesters. He emphasizes understanding definitions—civil disobedience, “actions,” illegal conduct—and organizing ahead of time rather than relying on spontaneous events. Rights aren’t enforceable on the street; they take effect in court. Drawing on Martin Luther King Jr.’s advice, he urges nonviolent protesters not to defy orders, not to evade arrest, and to accept penalties. He covers interactions with police—knowing when you’re free to go, invoking counsel, and staying calm—and shares jail survival tips: remove jewelry, manage medications, track your property, and communicate respectfully. The talk concludes that preparation, clear objectives, and disciplined nonviolence are essential for safe, effective protest.

Definitions and Early Planning

• Clarify key terms: civil disobedience, “action,” illegal conduct.
• Network organizations to share materials.
• Aim for an organized, well-notified approach: alert police liaisons, medical teams, legal observers.
• Recognize the historical role of spontaneous uprisings—but weigh risks, as poor planning drains resources.

Rights on the Street vs. Rights in Court

• No immediate enforcement of rights if you’re grabbed or arrested on the street.
• Save claims like “You’re violating my rights” for court proceedings.
• Police aren’t required to read Miranda warnings at arrest; they only enable evidence suppression later.
• Key question to police: “Am I free to go?”—a refusal indicates you remain detained.

Interacting with Police

• Stay calm and speak politely, as if de-escalating a toddler’s tantrum.
• Avoid defiance or evasive actions—running or physical resistance allows officers to use force.
• If ordered to disperse and exits are blocked, do not resist arrest; comply now, fight charges later.
• To invoke rights: “I’d like to speak with my lawyer first.” Blame the lawyer for non-cooperation.

Martin Luther King Jr.’s Nonviolent Guidelines

• Three core rules for civil disobedience:
  – don’t defy orders
  – don’t evade arrest
  – accept the penalty
• Accepting a penalty means willingly serving fines or jail time to highlight injustice.
• Recognize the changing severity of penalties today compared to the 1960s.

Organizing vs. Spontaneity

• Organized protests involve advance notice, safer conditions, and better liaison with authorities.
• Spontaneous protests carry higher risks: no legal observers, unclear leadership, potential for overreach.
• Historical successes of spontaneous events exist, but luck and context matter heavily.

Phones, Filming, and Evidence

• Authorities gather massive video footage from drones, cameras, phone uploads.
• If filming, stay at a safe distance; zoom in rather than approaching officers.
• Bring a secondary “burner” phone if needed; leave personal device home to protect data.
• Trackers or seized devices may not always be returned intact.

Arrest and Jail Procedures

• Removal of jewelry, watches, piercings; personal items go into a facility basket.
• Inspect returned property immediately—mistakes and losses are common.
• Book-and-release process can take 8+ hours; timing varies by weekdays and holidays.
• Fridays or holiday eves may extend your detention.

Medical and Dietary Concerns in Custody

• Sign the medical information waiver to ensure continuation of vital meds (e.g., blood thinners, insulin).
• Bring prescriptions in original bottles when possible.
• Contracted medical staff in jails may be inexperienced; assert your condition clearly.
• Jail food is bland, nutrient-deficient “cardboard” fare—plan accordingly.

Legal Representation and Post-Arrest Steps

• At booking, public defenders know all immediate procedures—use them for guidance.
• Lawyers can’t intervene until hours after arrest; front-line advice comes from public defender or legal observers.
• Prepare a support team: driver, bail fund, emergency contacts.
• Avoid mixing attorney privilege and witness status—if you witness violence, testify rather than represent.

De-Escalation and Community Support

• Identify trained de-escalators to accompany groups at protests.
• Speak softly, offer factual witnessing: “Sir, you’re hurting that person.”
• Verbal witness can help reduce provocation without risking obstruction charges.
• Use clear messaging on objectives—publicity, legal precedent, policy change—to guide actions.