Attorney General Brian L. Schwalb today issued “Know Your Rights” guidance regarding protests in the nation’s capital.

“As the seat of our federal government, Washington, DC respects, recognizes, and protects the exercise of rights under the First Amendment. In DC, everyone has the constitutional right to gather peacefully, protest, and make their voices heard. But acts of violence and destruction of property are against the law and will not be tolerated,” said Attorney General Schwalb. “Today, we're releasing guidance to make clear what is and is not permitted under federal and local laws regarding protests here in the nation's capital.” 

Know Your Rights: Protesting in the District of Columbia

What is protected by the right to protest?

• The First Amendment generally protects the right to:
  • Gather peacefully in parks, streets, and other public places to make your voice heard.
     
  • Speak your mind, including criticizing the government, police, and other government officials.
     
  • Record police actions as long as doing so does not interfere with them.
     
  • Record the actions of others as long as it does not intimidate or threaten them.
     
  • Peacefully relocate a demonstration following a dispersal order.

What is NOT protected by the right to protest?

• The First Amendment does NOT protect, and you may be arrested for:
  • Acts of violence against other people.
     
  • Destroying property.
     
  • Civil disobedience, like blocking entrances to buildings or physically stopping passers-by.
     
  • Speech that threatens or incites immediate violence.
     
  • Physically interfering with valid law enforcement actions, like lawful arrests, treating injured persons, and preserving crime scenes.
     
  • Failing to leave an area after receiving a dispersal order.

Can other private individuals try to stop me from protesting?

• Other private individuals may not interfere with your right to peacefully protest.
   
• However, counter-protestors also have free speech rights.
   
• Nevertheless, individuals may not use force, violence, or threats to limit, or attempt to limit, your right to peaceably assemble and protest.
   
• Under the District of Columbia’s Bias-Related Crimes Act, it is illegal to commit a criminal act, such as assault, to prevent someone from exercising a right, including the First Amendment right to protest, or because of someone’s real or perceived political affiliation. If this happens to you, please notify law enforcement immediately. 
   
• If anyone interferes with your right to peaceably assemble and protest, or if you experience discrimination because of your political affiliation, contact our office at OAGCivilRights@dc.gov once the issue is safely resolved.

Are other individuals allowed to photograph or record me during a protest? Can I photograph and record law enforcement during a protest?

• You are permitted to document, photograph, and record protests and demonstrations.
   
• This means you have the right to photograph and record law enforcement as long as it does not interfere with police activity. It also means that you, too, may be photographed or recorded while attending or participating in a protest or demonstration.

Are there places in DC where the right to protest is limited? 

• There are places in DC where the right to protest may be limited or may require a permit.
   
• Your right to protest is strongest in traditional “public forums,” like streets, sidewalks, and parks—but DC is a mix of local and federal land, and protections may be different in different areas. For example: it is against federal law to protest on Supreme Court grounds; protests and demonstrations on the grounds of the U.S. Capitol require a permit and are restricted to certain areas; and there are laws that limit protests at or near private residences.
   
  • For more information about protests on local property, please visit: https://mpdc.dc.gov/service/get-permit-special-event
     
  • For more information about protests on federal property, please visit: https://www.nps.gov/nama/planyourvisit/demonstrations.htm

Does DC allow open carry?

• Open carry of firearms is illegal in the District. If you see a private individual carrying a gun, inform a law enforcement officer immediately.

​​​​​​​Do I have the right to an attorney if I am arrested during a protest?

• If you are arrested, you have the right to speak with an attorney before speaking with law enforcement.