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Know Your Rights at a Protest

In 2018, Keith Massimino filmed the outside of a Connecticut police station from a public sidewalk and was arrested. Eight years later, a federal appeals court agreed he had the right to record and still let the officers off. Your rights are real. Knowing how they get enforced on the street is what keeps you safe.

By Resist Now Published Updated How we verify

The right to protest is your First Amendment freedom to gather, march, and speak in public places so your voice is heard. It protects peaceful assembly, signs, chanting, leafleting, and recording police while they work. The government can set neutral rules on the time, place, and manner of a gathering, but it cannot shut you down because of what you are saying.

Your right to protest is strong, and it has limits. Speech and peaceful assembly in public are protected. Blocking a building, destroying property, or physically interfering with police is not.

Key facts

  • Nine federal appeals courts protect filming police in public. The Second Circuit joined in August 2026 (Massimino v. Benoit).
  • States have enacted 61 anti-protest laws since 2017, out of 386 bills filed in 45 states (ICNL).
  • More than a third of 300+ protest arrests in immigration sweeps ended in dropped, unfiled, or lost cases (ProPublica).
  • Police may break up a protest only for a clear danger of riot, disorder, traffic blockage, or other threat (ACLU).
  • Florida, Iowa, Louisiana, and Oklahoma shield drivers who hit protesters blocking a road (ICNL).

If You Need Help at a Protest

If someone is hurt or in danger, call 911 first. For legal help after an arrest, call the National Lawyers Guild Mass Defense Hotline at 404-458-9449. It takes calls from protesters nationwide and offers know-your-rights help, connections to lawyers, and bail support, though it cannot promise representation. You can also reach your local ACLU affiliate or local National Lawyers Guild chapter. You do not have to know whether a law was broken to ask for help. Our cash bail explainer covers what a family can do after an arrest.

Find your situation

Tap the one closest to what is happening. This is general information, not legal advice.

Someone is hurt, or I am in danger
  1. Call 911. Move away from the danger if you can do it safely.
  2. Go to your group's meeting point and tell your emergency contact where you are.
  3. When you are safe, write down what happened, when, and who was there.
Police are ordering the crowd to disperse
  1. Listen for how long you have and which way to go. Police must give a clear exit route.
  2. Leave by that route. Obey now and challenge the order later, because refusing can lead to arrest even if the order was wrong.
  3. Note the time, the agency, and the exact words of the order.

Police may end a protest only for a clear and present danger of riot, disorder, traffic interference, or another immediate threat, and must give you time and a way out (ACLU protesters' rights guide).

An officer stops me
  1. Keep your hands where the officer can see them. Ask, "Am I free to leave?" If the answer is yes, walk away calmly.
  2. If you are being held, give your name if your state requires it (see the FAQ below). You do not have to answer anything else.
  3. Say, "I do not consent to a search." An officer may still pat down your clothing for weapons.

Police need reasonable suspicion of a crime to hold you, and taking photos is not by itself reasonable suspicion (ACLU protesters' rights guide).

I am being arrested
  1. Do not resist, even if you think the arrest is wrong.
  2. Say, "I want to remain silent. I want a lawyer." Then stop talking, and do not sign anything.
  3. Do not unlock your phone. Say, "I do not consent to a search of my phone."
  4. Use your phone call for a lawyer or the NLG hotline at 404-458-9449. Police are not allowed to listen to a call with your lawyer.

Police need a warrant to search your phone, even after arresting you (Riley v. California, 2014).

I am filming police or ICE agents
  1. Film from a spot that does not block anyone, like the sidewalk.
  2. If an officer tells you to move back, move back and keep recording. Say calmly that you are recording and not interfering.
  3. Do not follow agents to their homes. Two activists who livestreamed while following an agent home were convicted of stalking in 2026.
  4. Do not hand over your phone. Officers need a warrant to take it or look through it, and may never delete your video.

The right covers ICE, the FBI, and the National Guard, not only local police (ACLU guide to recording police and federal agents).

Federal agents or troops are at the protest
  1. The same rules apply. You may record them, and you may not touch or block them.
  2. Keep your distance. Assaulting or impeding a federal officer is a federal crime, and agents have made quick arrests at protests.
  3. Whether troops can arrest you depends on who commands them. Our Posse Comitatus Act explainer covers when troops can police American streets.

Most of what people do at a protest is protected. The trouble starts with what you physically do, not what you say.

What Is Protected at a Protest and What Is Not

ProtectedCan get you arrestedCan bring serious charges
Marching and rallying on sidewalks and in parksBlocking a street or entrance without a permitHurting or threatening anyone, including an officer
Signs, chants, leaflets, and symbolic speechStaying after a lawful order to disperseDestroying property or setting fires
Recording police and federal agents in publicRefusing to give your name when lawfully held, in some statesTaking part in a group plan that includes violence, even if you commit none yourself
Counterprotesting within sight and sound of the other sideWearing a mask to hide your identity where state law bans itTrespassing near pipelines and other infrastructure in states with tougher penalties

The middle column is where most arrests happen, and where most charges later fall apart. The right column is where a single night can mean years in prison, as the Texas case below shows.

What to Bring to a Protest

Plan for three things: staying healthy, staying in touch, and keeping your phone from becoming evidence against you or others. The list below combines the Human Rights Campaign’s protest safety guide with the ACLU’s rights guidance. For what police and agencies can collect from a phone, see how to protect your phone at a protest.

Protest Checklist

BringLeave at homeSet up before you go
Water, snacks, and any medication you needContact lenses, which can trap tear gas against your eyesA passcode on your phone instead of face or fingerprint unlock
A charged phone and a backup batteryAnything that could be taken as a weaponA friend who knows where you are going and when you will check in
A lawyer or hotline number written on your armValuables you cannot afford to loseA meeting point in case your group gets separated
Goggles or shatter-resistant glassesAnything illegalDisappearing messages in Signal, and an offline map of the area

A passcode protects more than a face or fingerprint does, because police can more easily force your thumb onto the screen than force a code out of your head. Carry a photo ID if you might be stopped in a state that requires you to give your name. After the protest, check in with your contact, and share footage that shows other protesters’ faces with legal groups before you post it anywhere public.

What the First Amendment Protects

Your rights are strongest in traditional public forums: streets, sidewalks, and parks. The First Amendment limits the government, not private owners, so a mall, a business, or a private campus can make you leave.

The right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental.

Supreme Court, De Jonge v. Oregon, 1937

You do not need a permit to march on sidewalks or streets as long as you do not block traffic, according to the ACLU. A permit can be required for a march that closes streets, a rally with amplified sound, or a large gathering in a park or plaza. A city cannot deny a permit because your cause is unpopular, and permit rules cannot be used to stop a protest that responds to breaking news.

The government can set limits on time, place, and manner if they are neutral about your message and no broader than needed, like a noise curfew. Police must treat counterprotesters the same way. They can keep opposing groups apart but should let them stay within sight and sound of each other.

When Police Can Order a Crowd to Disperse

Breaking up a protest is supposed to be a last resort. Police may do it only when there is a clear and present danger of riot, disorder, interference with traffic, or another immediate threat to public safety. A few people breaking the law does not make everyone else’s protest unlawful.

The order has to be clear enough for the crowd to hear, with enough time to leave and an open route out. If you think the order is wrong, leave anyway and challenge it afterward. That is the safest way to keep a bad order from becoming your arrest.

Your Right to Record Police and ICE

Keith Massimino, a professional videographer, stood on a public sidewalk in Waterbury, Connecticut, one evening in 2018 and filmed the outside of the police station. Two police employees confronted him, called it “a security issue,” and arrested him when he would not identify himself. Prosecutors dropped the charge in 2021. On August 17, 2026, the Second Circuit ruled in Massimino v. Benoit that the First Amendment protects recording police and anything the government leaves in public view.

That makes nine federal appeals courts that protect filming police in public: the 1st, 2nd, 3rd, 4th, 5th, 7th, 9th, 10th, and 11th Circuits. The Fourth Circuit held in 2023 that livestreaming a traffic stop is covered. The Supreme Court has not ruled on the question directly.

The same ruling shows the limits. The court gave the officers qualified immunity, because the right was not yet clearly established in 2018. It also held that the officers could briefly detain Massimino, and that his refusal to show ID when ordered gave them grounds to arrest him under Connecticut law. Recording is protected. Refusing a lawful order can still get you arrested.

What DHS Says About Recording Agents

The Department of Homeland Security takes the opposite view. In December 2025, a DHS spokesperson told Reason that following or recording federal officers “sure sounds like obstruction of justice.” Secretary Kristi Noem said in July 2025 that violence against agents includes “videotaping them where they’re at when they’re out on operations.” A December 2025 memo from Attorney General Pam Bondi lists “doxing” law enforcement as domestic terrorism, and DHS has called posting video of agents doxing (NPR).

Observers say agents have acted on that view. In Portland, Maine, in January 2026, an agent scanned the face of social worker Colleen Fagan while she filmed an operation and told her, “Now you’re considered a domestic terrorist.” She and other observers joined a class action filed February 23, 2026. DHS told NPR that it runs no database of “domestic terrorists.” In Minnesota, a federal judge barred agents from retaliating against peaceful protesters and observers on January 16, 2026, including by pepper-spraying them or stopping them for following agents at a safe distance. An appeals court paused that order five days later.

Where Protest and Recording Rights Stand

As of September 24, 2026

  • Right to record police (Second Circuit) Final ruling, officers kept immunity

    Massimino v. Benoit joined eight other circuits on August 17, 2026. (source)

  • Minnesota order against retaliation In litigation, stayed on appeal

    Issued January 16, 2026. The Eighth Circuit paused it January 21 and on January 26 stayed it for the whole appeal, which is still pending. (source)

  • Maine observers' class action against DHS In litigation

    Filed February 23, 2026, over threats to list observers as domestic terrorists. (source)

  • Right to Record Act (H.R. 9189, S. 4696) Proposal

    Introduced June 8, 2026, and still in committee, with three cosponsors across both chambers. (source)

  • Florida "riot" law (HB 1) Law, narrowed

    The Florida Supreme Court limited it to people who take part in or help violence, June 20, 2024. (source)

  • Utah mask penalty (HB 331) Law

    Signed March 24, 2026. (source)

  • Tennessee organizer liability (SB 2222) Law

    Signed April 13, 2026. (source)

Source: Second Circuit opinion; Jurist, Reuters and Courthouse News; NPR; govinfo bill status; ICNL US Protest Law Tracker

Anti-Protest Laws in Your State

States have turned more kinds of protest into legal risk. The International Center for Not-for-Profit Law’s US Protest Law Tracker counts 386 anti-protest bills filed in 45 states since 2017. Sixty-one became law, 26 are still pending, and Delaware, Hawaii, Maine, New Mexico, and Vermont have seen none.

Tennessee has enacted the most, seven since 2017, and six new laws passed in 2026 alone, in five states.

States With the Most Anti-Protest Laws Enacted Since 2017
States With the Most Anti-Protest Laws Enacted Since 2017
CategoryValue
Tennessee7
Louisiana6
Oklahoma6
North Dakota5
North Carolina4
South Dakota4
Arkansas3
Florida3
West Virginia3

Source: ICNL US Protest Law Tracker, updated August 23, 2026. Counts laws ICNL lists as enacted; 8 more passed only in narrower form and are not counted.

Most of these laws fall into a few types. Nineteen states raised penalties for protests near pipelines and other “critical infrastructure.” Others expand the crime of “riot,” add felony penalties for blocking traffic, make organizers pay for damage or police costs, or penalize masks. Four states protect drivers who hit protesters in the road from lawsuits.

What has your state passed?

Choose your state to see every anti-protest law it has enacted since 2017, with a link to each bill.

Covers laws passed since 2017 only. Many states have older laws on masks, riots, and unlawful assembly that are not listed here, and cities set their own permit rules.

Any law enacted

  • At least one law enacted (24 states)
  • Bills filed, none enacted (21 states)
  • No bills filed (5 states)
Any law enacted Anti-protest laws enacted since 2017. Tap a state for the list.

Sources: International Center for Not-for-Profit Law, US Protest Law Tracker (updated August 23, 2026). Verified September 24, 2026.

Any law enacted
State Anti-protest laws enactedThe lawsImmunity for drivers who hit protestersMask penalties
Alabama 2 since 2017, out of 13 bills filed.SB 17 / HB 21 (2022): New Penalties for Protests Near Gas and Oil Pipelines; SB 152 (2021): New controls on protest locations and costs for protest organizersNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Alaska None enacted. Lawmakers filed 3 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Arizona 2 since 2017, out of 14 bills filed.HB 2880 (2025): Banning protest encampments on campus; HB 2007 (2018): Harsh penalties for protesters who conceal their identity (passed only after its harshest parts were removed)No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Arkansas 3 since 2017, out of 6 bills filed.HB 1321 (2021): New penalties for protests near gas and oil pipelines; HB 1508 (2021): New penalties for protesters who block traffic, "riot", or damage monuments; HB 1578 (2017): Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First RespondersNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
California None enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Colorado None enacted. Lawmakers filed 2 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Connecticut None enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Delaware None filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Florida 3 since 2017, out of 5 bills filed.HB 275 / SB 340 (2024): New penalties for protests near gas and oil pipelines; HB 1435/SB 1954 (2022): Charging protest organizers for the costs of responding to a protest; HB 1/SB 484 (2021): Expanded definition of "riot" and new penalties for protestersYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.
Georgia 3 since 2017, out of 10 bills filed.SB 443 (2026): Heightened penalties for protesters who block streets; SB 339 (2018): Mandatory sanctions for campus protesters (passed only after its harshest parts were removed); SB 160 (2017): Heightened penalties for blocking traffic (passed only after its harshest parts were removed)No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Hawaii None filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Idaho None enacted. Lawmakers filed 7 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Illinois None enacted. Lawmakers filed 12 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Indiana 1 since 2017, out of 10 bills filed.SB 471 (2019): New penalties for protests near critical infrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Iowa 1 since 2017, out of 7 bills filed.SF 342 (2021): Heightened penalties for protesters convicted of "riot," "unlawful assembly," or blocking traffic, and immunity for drivers who injure themYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.
Kansas 1 since 2017, out of 3 bills filed.SB 172 (2021): New penalties for protests near gas and oil pipelinesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Kentucky 2 since 2017, out of 12 bills filed.HB 399 (2025): New penalties for protesters at the capitol; HB 44 (2020): New penalties for protests near pipelines and other infrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Louisiana 6 since 2017, out of 11 bills filed.HB 429 (2026): Terrorism penalties for protests near gas and oil facilities; HB 127 (2024): Heightened penalties for street protesters and organizers; HB 205 (2024): New racketeering penalties for protesters; HB 383 (2024): Civil immunity for drivers who hit protesters; HB 737 (2024): Vague ban on residential protests; HB 727 (2018): New penalties for protests near gas and oil pipelinesYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.
Maine None filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Maryland None enacted. Lawmakers filed 2 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Massachusetts None enacted. Lawmakers filed 8 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Michigan None enacted. Lawmakers filed 6 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Minnesota None enacted. Lawmakers filed 25 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Mississippi 2 since 2017, out of 13 bills filed.SB 2343 (2023): Requiring state permission for protests near statehouse and other state government buildings; HB 1243 (2020): New Penalties for Protests Near Critical InfrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Missouri 4 since 2017, out of 24 bills filed.HB 495 / SB 52 (2025): Broadened “riot” offense and heightened penalties (passed only after its harshest parts were removed); SB 26 (2021): heightened penalties for blocking roads (passed only after its harshest parts were removed); HB 355 (2019): New penalties for protests near gas and oil pipelines; HB 1413 (2018): Limiting public employees' ability to picketNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Montana 1 since 2017, out of 2 bills filed.HB 481 (2021): New penalties for protests near gas and oil pipelinesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Nebraska None enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Nevada None enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
New Hampshire None enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
New Jersey None enacted. Lawmakers filed 19 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
New Mexico None filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
New York None enacted. Lawmakers filed 18 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
North Carolina 5 since 2017, out of 15 bills filed.SB 311 (2025): Enabling companies and other employers to sue protesters; HB 237 (2024): Heightened penalties for street protesters and masked protesters; HB 40 (2023): Heightened penalties for "riot" and related offenses; SB 58 (2023): New penalties for protests near pipelines; SB 300 (2021): Heightened penalties for "riot" (passed only after its harshest parts were removed)No such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.
North Dakota 5 since 2017, out of 8 bills filed.HB 1226 (2025): New criminal penalties for masked protesters; SB 2044 (2019): Heightened penalties for protests near critical infrastructure; HB 1293 (2017): Expanded scope of criminal trespass; HB 1304 (2017): New penalties for protesters who conceal their identity; HB 1426 (2017): Heightened penalties for riot offencesNo such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.
Ohio 1 since 2017, out of 10 bills filed.SB 33 (2021): New penalties for protests near critical infrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Oklahoma 6 since 2017, out of 19 bills filed.HB 3581 (2026): Heightened penalties for blocking traffic during a “riot”; SB 743 (2026): Steep penalties for protests near places of worship; HB 1674 (2021): Penalties for protesters who block traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters; HB 2095 (2021): Racketeering penalties for those involved in "unlawful assemblies"; HB 1123 (2017): New penalties for protests near critical infrastructure; HB 2128 (2017): Heightened penalties for protesters who trespass onto private propertyYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.
Oregon 1 since 2017, out of 5 bills filed.HB 2772 (2023): Criminalizing Certain Protests as Domestic Terrorism (passed only after its harshest parts were removed)No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Pennsylvania None enacted. Lawmakers filed 10 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Rhode Island None enacted. Lawmakers filed 5 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
South Carolina None enacted. Lawmakers filed 4 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
South Dakota 4 since 2017, out of 6 bills filed.HB 1117 (2020): New criminal and civil liability for "incitement to riot"; SB 151 (2020): New penalties for protests near pipelines and other infrastructure; SB 189 (2019): Expanded civil liability for protesters and protest funders; SB 176 (2017): Expanding governor's power to restrict certain protestsNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Tennessee 7 since 2017, out of 11 bills filed.SB 2222 / HB 2109 (2026): New civil liability for protest organizers and supporters; SB 30 / HB 55 (2025): Expanded law enforcement powers and potential new penalties for protesters; SB 2570 / HB 2031 (2024): Heightened penalties for protesters who block streets and highways; SB 451 / HB 881 (2021): Mandatory penalties for expanded aggravated riot offense; HB 8005/SB 8005 (2020): Heightened Penalties for "Inconvenient" Protests and Protest Camps on State Property; SB 264 (2019): New penalties for protests near gas and oil pipelines; SB 0902 (2017): New penalties for protesters who block trafficNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Texas 2 since 2017, out of 13 bills filed.SB 2972 (2025): New restrictions on campus protests; HB 3557 (2019): New criminal and civil penalties for protests around critical infrastructureNo such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.
Utah 3 since 2017, out of 4 bills filed.HB 331 (2026): New penalties for protesters who wear masks or block traffic; HB 370 (2023): New Penalties for Protests Near Pipelines, Roadways, and other Infrastructure (passed only after its harshest parts were removed); SB 173 (2020): Criminal penalties for protests that disturb legislative or other government meetingsNo such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.
Vermont None filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Virginia None enacted. Lawmakers filed 8 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Washington None enacted. Lawmakers filed 8 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
West Virginia 3 since 2017, out of 10 bills filed.HB 5091 (2024): Heightened penalties for protesters near pipelines and other infrastructure; HB 4615 (2020): New penalties for protests near gas and oil pipelines; HB 4618 (2018): Eliminating police liability for deaths while dispersing riots and unlawful assembliesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Wisconsin 1 since 2017, out of 10 bills filed.AB 426 (2019): New penalties for protests near gas and oil pipelinesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.
Wyoming None enacted. Lawmakers filed 3 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.
See all states in a table
Showing 50 of 50 states
Alabama2 since 2017, out of 13 bills filed.SB 17 / HB 21 (2022): New Penalties for Protests Near Gas and Oil Pipelines; SB 152 (2021): New controls on protest locations and costs for protest organizersNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
AlaskaNone enacted. Lawmakers filed 3 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Arizona2 since 2017, out of 14 bills filed.HB 2880 (2025): Banning protest encampments on campus; HB 2007 (2018): Harsh penalties for protesters who conceal their identity (passed only after its harshest parts were removed)No such law passed since 2017.None passed since 2017. Older mask laws may still apply.HB 2007: HB 2007 was signed into law following amendments that removed the most restrictive provisions.
Arkansas3 since 2017, out of 6 bills filed.HB 1321 (2021): New penalties for protests near gas and oil pipelines; HB 1508 (2021): New penalties for protesters who block traffic, "riot", or damage monuments; HB 1578 (2017): Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First RespondersNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
CaliforniaNone enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
ColoradoNone enacted. Lawmakers filed 2 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
ConnecticutNone enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
DelawareNone filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Florida3 since 2017, out of 5 bills filed.HB 275 / SB 340 (2024): New penalties for protests near gas and oil pipelines; HB 1435/SB 1954 (2022): Charging protest organizers for the costs of responding to a protest; HB 1/SB 484 (2021): Expanded definition of "riot" and new penalties for protestersYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.HB 1/SB 484: On June 20, 2024, the Florida Supreme Court clarified the law's definition of "riot," holding that criminal liability for participation in a "riot" can only apply to an individual who "engage[s] in, or at least intend[s] to assist others in engaging in, violent disorderly conduct." Based on that holding, the Eleventh Circuit ruled on October 7, 2024 that HB1 could go into effect.
Georgia3 since 2017, out of 10 bills filed.SB 443 (2026): Heightened penalties for protesters who block streets; SB 339 (2018): Mandatory sanctions for campus protesters (passed only after its harshest parts were removed); SB 160 (2017): Heightened penalties for blocking traffic (passed only after its harshest parts were removed)No such law passed since 2017.None passed since 2017. Older mask laws may still apply.SB 339: SB 339 was signed into law following amendments that removed the most restrictive provisions. SB 160: This bill was amended prior to passage by the legislature, to remove the provisions penalizing obstruction of a public passage.
HawaiiNone filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
IdahoNone enacted. Lawmakers filed 7 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
IllinoisNone enacted. Lawmakers filed 12 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Indiana1 since 2017, out of 10 bills filed.SB 471 (2019): New penalties for protests near critical infrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Iowa1 since 2017, out of 7 bills filed.SF 342 (2021): Heightened penalties for protesters convicted of "riot," "unlawful assembly," or blocking traffic, and immunity for drivers who injure themYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.—
Kansas1 since 2017, out of 3 bills filed.SB 172 (2021): New penalties for protests near gas and oil pipelinesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Kentucky2 since 2017, out of 12 bills filed.HB 399 (2025): New penalties for protesters at the capitol; HB 44 (2020): New penalties for protests near pipelines and other infrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Louisiana6 since 2017, out of 11 bills filed.HB 429 (2026): Terrorism penalties for protests near gas and oil facilities; HB 127 (2024): Heightened penalties for street protesters and organizers; HB 205 (2024): New racketeering penalties for protesters; HB 383 (2024): Civil immunity for drivers who hit protesters; HB 737 (2024): Vague ban on residential protests; HB 727 (2018): New penalties for protests near gas and oil pipelinesYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.—
MaineNone filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
MarylandNone enacted. Lawmakers filed 2 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
MassachusettsNone enacted. Lawmakers filed 8 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
MichiganNone enacted. Lawmakers filed 6 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
MinnesotaNone enacted. Lawmakers filed 25 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Mississippi2 since 2017, out of 13 bills filed.SB 2343 (2023): Requiring state permission for protests near statehouse and other state government buildings; HB 1243 (2020): New Penalties for Protests Near Critical InfrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Missouri4 since 2017, out of 24 bills filed.HB 495 / SB 52 (2025): Broadened “riot” offense and heightened penalties (passed only after its harshest parts were removed); SB 26 (2021): heightened penalties for blocking roads (passed only after its harshest parts were removed); HB 355 (2019): New penalties for protests near gas and oil pipelines; HB 1413 (2018): Limiting public employees' ability to picketNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.HB 495 / SB 52: This law was amended prior to its enactment, and all provisions related to "riot" and "traffic interference" were removed. SB 26: This bill was amended prior to its passage by the legislature to remove entirely the provisions related to "unlawful traffic interference."
Montana1 since 2017, out of 2 bills filed.HB 481 (2021): New penalties for protests near gas and oil pipelinesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
NebraskaNone enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
NevadaNone enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
New HampshireNone enacted. Lawmakers filed 1 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
New JerseyNone enacted. Lawmakers filed 19 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
New MexicoNone filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
New YorkNone enacted. Lawmakers filed 18 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
North Carolina5 since 2017, out of 15 bills filed.SB 311 (2025): Enabling companies and other employers to sue protesters; HB 237 (2024): Heightened penalties for street protesters and masked protesters; HB 40 (2023): Heightened penalties for "riot" and related offenses; SB 58 (2023): New penalties for protests near pipelines; SB 300 (2021): Heightened penalties for "riot" (passed only after its harshest parts were removed)No such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.SB 300: This bill was later amended to remove all riot provisions except the increased penalties
North Dakota5 since 2017, out of 8 bills filed.HB 1226 (2025): New criminal penalties for masked protesters; SB 2044 (2019): Heightened penalties for protests near critical infrastructure; HB 1293 (2017): Expanded scope of criminal trespass; HB 1304 (2017): New penalties for protesters who conceal their identity; HB 1426 (2017): Heightened penalties for riot offencesNo such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.—
Ohio1 since 2017, out of 10 bills filed.SB 33 (2021): New penalties for protests near critical infrastructureNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Oklahoma6 since 2017, out of 19 bills filed.HB 3581 (2026): Heightened penalties for blocking traffic during a “riot”; SB 743 (2026): Steep penalties for protests near places of worship; HB 1674 (2021): Penalties for protesters who block traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters; HB 2095 (2021): Racketeering penalties for those involved in "unlawful assemblies"; HB 1123 (2017): New penalties for protests near critical infrastructure; HB 2128 (2017): Heightened penalties for protesters who trespass onto private propertyYes. Drivers who hit protesters blocking a road can be shielded from lawsuits.None passed since 2017. Older mask laws may still apply.HB 1674: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.
Oregon1 since 2017, out of 5 bills filed.HB 2772 (2023): Criminalizing Certain Protests as Domestic Terrorism (passed only after its harshest parts were removed)No such law passed since 2017.None passed since 2017. Older mask laws may still apply.HB 2772: This bill was amended prior to its passage and provisions that would have covered peaceful protest activity were significantly narrowed.
PennsylvaniaNone enacted. Lawmakers filed 10 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Rhode IslandNone enacted. Lawmakers filed 5 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
South CarolinaNone enacted. Lawmakers filed 4 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
South Dakota4 since 2017, out of 6 bills filed.HB 1117 (2020): New criminal and civil liability for "incitement to riot"; SB 151 (2020): New penalties for protests near pipelines and other infrastructure; SB 189 (2019): Expanded civil liability for protesters and protest funders; SB 176 (2017): Expanding governor's power to restrict certain protestsNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.SB 189: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.
Tennessee7 since 2017, out of 11 bills filed.SB 2222 / HB 2109 (2026): New civil liability for protest organizers and supporters; SB 30 / HB 55 (2025): Expanded law enforcement powers and potential new penalties for protesters; SB 2570 / HB 2031 (2024): Heightened penalties for protesters who block streets and highways; SB 451 / HB 881 (2021): Mandatory penalties for expanded aggravated riot offense; HB 8005/SB 8005 (2020): Heightened Penalties for "Inconvenient" Protests and Protest Camps on State Property; SB 264 (2019): New penalties for protests near gas and oil pipelines; SB 0902 (2017): New penalties for protesters who block trafficNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Texas2 since 2017, out of 13 bills filed.SB 2972 (2025): New restrictions on campus protests; HB 3557 (2019): New criminal and civil penalties for protests around critical infrastructureNo such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.SB 2972: After the law was enacted, several of its provisions were challenged on First Amendment grounds and preliminarily enjoined by a district court. These include the requirement that campuses prohibit "expressive activities" between 10pm and 8am, and prohibit "expressive activities" in the last two weeks of a school term if they involve invited speakers, sound amplification, or drums.
Utah3 since 2017, out of 4 bills filed.HB 331 (2026): New penalties for protesters who wear masks or block traffic; HB 370 (2023): New Penalties for Protests Near Pipelines, Roadways, and other Infrastructure (passed only after its harshest parts were removed); SB 173 (2020): Criminal penalties for protests that disturb legislative or other government meetingsNo such law passed since 2017.Yes. A law passed since 2017 adds penalties for masks or disguises. Read the bill for when it applies.HB 370: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.
VermontNone filed since 2017.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
VirginiaNone enacted. Lawmakers filed 8 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
WashingtonNone enacted. Lawmakers filed 8 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
West Virginia3 since 2017, out of 10 bills filed.HB 5091 (2024): Heightened penalties for protesters near pipelines and other infrastructure; HB 4615 (2020): New penalties for protests near gas and oil pipelines; HB 4618 (2018): Eliminating police liability for deaths while dispersing riots and unlawful assembliesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
Wisconsin1 since 2017, out of 10 bills filed.AB 426 (2019): New penalties for protests near gas and oil pipelinesNo such law passed since 2017.None passed since 2017. Older mask laws may still apply.—
WyomingNone enacted. Lawmakers filed 3 since 2017, and none passed.—No such law passed since 2017.None passed since 2017. Older mask laws may still apply.—

Sources: International Center for Not-for-Profit Law, US Protest Law Tracker (updated August 23, 2026). Verified September 24, 2026.

Where Protest Rights Run Out

Knowing the limits protects you as much as knowing the rights. Four cases show where people get caught.

A right can be real and still not stop the arrest. Massimino won the principle and lost the lawsuit. Courts often decide years later that an officer violated your rights and still grant immunity from damages, as the Fourth Circuit also did in its 2023 livestreaming case. Our 4th Amendment explainer covers what police may search once they stop you.

Most protest arrests in the immigration sweeps collapsed, but not all. ProPublica and FRONTLINE found more than 300 protesters and bystanders arrested since June 2025, and in more than a third of the cases prosecutors dropped the charges, never filed them, or lost at trial. Video repeatedly contradicted the arresting officers’ accounts. Of the 116 California arrests it reviewed, though, 32 ended in convictions, many of them misdemeanor pleas. Border Patrol chief Gregory Bovino told agents on body camera: “Arrest as many people that touch you as you want to.” Our explainer on ICE arrest powers covers when immigration agents can arrest U.S. citizens.

Following an officer is not the same as recording one. Two activists who livestreamed themselves following an immigration agent to his home were convicted of stalking in February 2026, and acquitted of conspiracy.

Liability can reach people who did not commit the violence. At a July 4, 2025 noise demonstration outside the Prairieland detention center in Alvarado, Texas, a few people broke off to vandalize cars and a guard shack, and one shot a police officer in the shoulder. The officer survived. In June 2026, five demonstrators who did not fire the gun were each sentenced to 50 years on riot, material support for terrorists, and explosives charges, and four had been acquitted of attempted murder. Barbara McQuade, a former U.S. attorney, said she would have expected sentences of 15 to 25 years.

This page covers state laws passed since 2017. It does not list older state mask and riot laws or city permit rules, so check your city’s rules before an event you are organizing.

Frequently Asked Questions

What makes a protest unlawful?

A protest becomes unlawful when it presents a clear and present danger of riot, disorder, traffic interference, or another immediate threat to public safety, and police order it to disperse. Individual acts like blocking an entrance, damaging property, or trespassing can lead to arrest even when the protest itself is lawful.

Do I need a permit to protest?

Not to march on sidewalks or streets if you do not block traffic. Cities can require permits for marches that close streets, rallies with amplified sound, and large gatherings in parks or plazas, but they cannot deny a permit because of your message.

Should I carry ID to a protest?

Carrying photo ID is usually the safer choice. In states with “stop and identify” laws, you must give your name if an officer has lawfully detained you, and a federal appeals court ruled that officers had grounds to arrest Keith Massimino when he refused to show ID on their order. You never have to answer other questions.

Is it legal to wear a mask at a protest?

Usually, but not everywhere. Since 2017, North Carolina, North Dakota, Texas (for campus protests), and Utah have passed laws that penalize masks in some protest settings, and many states have much older anti-mask laws. Check your state’s law before you rely on a mask.

Can I record ICE agents, not just local police?

Yes. The right to record covers federal agents working in public, including ICE, the FBI, and the National Guard. DHS disputes it and has threatened observers, and lawsuits over that conduct are pending, but the courts that have ruled on recording officers side with the public.

What happens if the charges are later dropped?

You may still spend hours or a night in custody, lose your phone for a time, and have an arrest on your record. Dropped charges are the goal, not a guarantee the experience costs nothing, which is why legal support matters from the first hour.

What You Can Do

  1. Before you go, save the hotline and check your state. Write the NLG Mass Defense Hotline number, 404-458-9449, on your arm, and use the state finder above to see what your legislature has passed. Going to a national protest day? Our guide to the No Kings protests has the next date and where to find events.

  2. If your rights were violated, document it and file a complaint. Write down badge and car numbers, get witness contacts, and photograph injuries, then file with the agency’s internal affairs office or civilian review board and contact your local ACLU. The police reform explainer walks through each complaint route.

  3. Train as a legal observer. The National Lawyers Guild Legal Observer program teaches volunteers to document police conduct at protests. You do not need to be a lawyer.

  4. Fight anti-protest bills in your state. Twenty-six bills are pending. The ICNL US Protest Law Tracker shows which ones affect you, and a call to your state legislator before the vote counts most.

  5. Ask Congress to pass the Right to Record Act. H.R. 9189 and S. 4696 would let people sue federal officers who stop them from recording, threaten them, or follow them for it. Use our letter to ask your members of Congress to co-sponsor it.

Write Your Rep ↓