The First Amendment protects a person's right to express their views through protest and peaceful assembly. However, there are limits to be aware of.
The government can enforce time, place and manner restrictions and legal questions can arise in the event demonstrations become violent.
Clashes between protesters and law enforcement have broken out in different parts of the country.
In Minnesota, confrontations and the fatal shootings of Renee Good and Alex Pretti, have prompted questions about First Amendment rights violations and protester safety.
"We have lots and lots of people who are interested in what their rights look like, and especially in a place like Florida," said Madeline Bowman, a statewide organizer with the ACLU of Florida.
Several state laws on the books restrict what protesters can do. Here's what you should know:
Recording law enforcement
Courts have protected the general right to record law enforcement when officers are performing official actions in a public space, according to the Freedom Forum, a non-profit that educates on the First Amendment.
Police officers may not confiscate or demand to view photographs or video without a warrant, nor may they delete data under any circumstance, according to guidelines from the ACLU.
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Officers may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
If you're stopped or detained for taking photographs, ACLU guidelines, say to remain calm and do not resist.
Police cannot detain someone without reasonable suspicion of a crime. Ask the officer if you are free to leave.
- If the answer is yes, calmly walk away.
- If you are detained, ask the officer what crime you are suspected of committing and remind them that taking photographs is a protected right.
- If you believe your rights have been violated, write down or record everything you remember, including officers' badge and patrol car. This information can be used to file a written complaint.
In a more private setting, the ACLU Florida recommends asking yourself two questions: are there other people around to witness what is happening and has the officer consented to being recorded?
If no, the law is less clear, and precautions should be taken before recording. That includes: announcing you are recording, stay at least 25 feet away upon request and do not interfere with police actions while recording.
Florida's Halo Law
A relatively new statute, the Halo Law, went into effect Jan. 1 2025. The law establishes a 25-foot buffer zone around first responders, which includes law enforcement.
It states that it is unlawful for a person, after receiving a verbal warning, to approach or remain within 25 feet of the first responder with the intent to impede their duties, threaten or harass.
Those who violate the law can be charged with a 2nd-degree misdemeanor.
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The law aims to protect first responders and allows them to carry out their duties without interference. But first amendment advocates have criticized its vague language and the potential for it to discourage bystanders from recording and observing.
Bowman said "it's really important to know the distinction that you are required to have a verbal warning first. So you aren't just required at all times, to keep 25 feet between yourself and a first responder."
The Halo Law explicitly allows recording from outside the 25-foot buffer zone, but individuals must comply with warnings to stay back.
Florida's 'anti-riot' law
In 2021, Florida passed an "anti-riot" law after racial justice protests erupted across the country in response to the killing of George Floyd in Minneapolis.
The law says a person commits a riot if "he or she willfully participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in:
(a) Injury to another person;
(b) Damage to property; or
(c) Imminent danger of injury to another person or damage to property."
The law cannot be used to prosecute non-violent protesters or bystanders.
"They have to prove that you were basically part of this group, and not just a peaceful protester who may have been nearby or just in attendance at the protest," said Bowman.
Open carry at protests
Open carry became legal in Florida last September. The law allows gun owners with a permit to openly carry a firearm as long as they are not brandishing it or inciting violence.
Restrictions also apply in sensitive locations. Those include police stations, court houses, schools, bars, hospitals and more.
Private property owners are also allowed to prohibit people from carrying guns onto their premises.
While open carry may be legal in certain public spaces, organizers are encouraging protesters to consider safety above all else.
"Your rights don't mean you don't have risks," said Jerry Funt, a member of the Tampa Bay chapter of the National Lawyers Guild. "Your rights are not a shield that prevent you from the violence of pepper spray or a baton or a bullet or anything else."
In the wake of the fatal shooting of Pretti, the 37-year-old ICU nurse from Minnesota, President Donald Trump criticized him for carrying a gun. Pretti had a permit to carry.
Trump told reporters "you can't have guns, you can't walk in with guns," a statement the National Rifle Association pushed back on.
The NRA, which generally endorses Republican candidates for office, called Trump's remarks a "misstatement."
"While we agree you can’t interfere with law enforcement, you absolutely have the right to carry the tools for self-defense while lawfully protesting. In fact, that’s precisely the kind of place where exercising that right matters most," the NRA stated on X.
Speaking to The Lakeland Ledger, Polk County Sheriff Grady Judd criticized the act of carrying a weapon to a protest.
"That's inherently stupid. Whether you have a legal right or not is another subject, but it's inherently stupid," Judd told the Ledger.
Funt, however, said not carrying a firearm doesn't guarantee safety.
"You may be unarmed and shot like Renee Good was. You may be someone holding your hands up above your head and shot by law enforcement, and the general trend is going to be the same. They're going to villainize you," Funt said.
Legal observers
At protests, some people may serve as legal observers. Their purpose is to act as a neutral third party to make sure everyone's First Amendment rights are being protected.
Legal observers are told to separate themselves from the protest but remain close enough to hear and observe what is happening. Observers often wear a vest or hat to differentiate themselves from the crowd.
The goal is to document incidents, arrest and official misconduct.
The ACLU offers legal observer trainings virtually and in-person in counties where there are already organizers in place. That includes Hillsborough, Broward, Leon, Miami-Dade, Orange, Palm Beach, Pasco or Pinellas counties.
