As everyone who lives in, works in, or visits D.C. knows, the District has long been a critical venue where people express their political views. The great majority of demonstrators in D.C. do not encounter problems when protesting. The First Amendment to the U.S. Constitution protects “the freedom of speech” as well as “the right of the people peaceably to assemble.” That means you have a constitutional right to demonstrate (although how, when, and where you demonstrate can be restricted; read more here).
Still, it pays to be prepared, especially if you plan to risk arrest. Here are five things to know about protesting in D.C.
1. D.C. has both local and federal territory, and the rules are different, so know which one you are protesting in.
Metro stations and D.C. streets and sidewalks are local territory. All green space downtown (even small parks), the National Mall, federal buildings/monuments (and nearby sidewalks), and Rock Creek Park are federal land.
Also, D.C. has four quadrants: NW, NE, SE, and SW. They meet at the Capitol. Most federal monuments and federal buildings are on and around the National Mall, which divides NW from SW. If you see an address, pay attention to the quadrant!
2. Getting a permit for your demonstration is often a good idea, but it is not always required.
Getting a permit reserves your location and alerts police to your demonstration. Rules and procedures vary based on location and whether you are in local or federal territory.
If you want to demonstrate on local territory, permitting is governed by D.C. law. D.C. calls protests “First Amendment Assemblies.” No notice or approval is needed if:
- the protest won’t block pedestrians from using sidewalks and crosswalks; or
- if attendance will be under 50 and won’t be on a D.C. street; or
- if the assembly breaks out spontaneously.
If you want to demonstrate on federal land, permitting is governed by National Park Service regulations. You’ll generally need a permit to demonstrate on federal land if you have 25 or more people, although there are exceptions in certain places. For example, up to 500 people are allowed to demonstrate without a permit at Franklin Park (13th & K St NW) or McPherson Square (15th & K St NW). If you want to demonstrate on the U.S. Capitol Grounds, permitting is governed by Capitol Police regulations. You’ll need a permit if you have 20 or more people, and the locations for demonstrations are limited. Even if it’s not required, giving notice and getting approval via a permit can be a good idea. For more on permits, visit acludc.org/permits.
3. Many different kinds of police patrol protests in D.C., so get to know law enforcement badges.
Metro stations and local D.C. streets and sidewalks are mainly policed by the D.C. Metropolitan Police Department (MPD) and Metro Transit Police.
All green space downtown (even small parks), the National Mall, federal buildings/monuments (and nearby sidewalks), and Rock Creek Park are mainly policed by Park Police, Federal Protective Service, Capitol Police, and the Secret Service.
Which police you see will depend on where you are. Get to know the arm patches for the major police departments and agencies so you can recognize them. For pictures of badges, go to https://www.acludc.org/en/know-your-rights/know-your-rights-demonstrations-dc.
4. There are steps you can take to prepare to encounter police at protests.
For example, if you are planning to engage in civil disobedience or are participating in a demonstration where arrests are likely, you may want to:
- carry $100 cash and three days’ worth of essential medications, in their original bottles;
- make emergency childcare plans if you have young children;
- put a password on your phone to protect against searches; and
- memorize or write on your arm phone numbers for your family, your lawyer, and jail support.
If you are not a U.S. citizen (and especially if you are undocumented), under court supervision, or have a record, talk to a lawyer about the risks of arrest before protesting. The consequences can be worse for you than other people.
If you are a person with a disability, special medical needs, or limited English, carry a card or wear a bracelet to explain your situation, should the need arise.
If you are gender non-conforming, the D.C. Metropolitan Police Department, U.S. Park Police, and U.S. Capitol Police are all supposed to respect gender designations on driver’s licenses, so have an accurate license if possible.
5. You do not have to answer a police officer’s questions or provocations, and it’s usually safer if you don’t.
When interacting with police at D.C. protests, it’s important to try to de-escalate the situation if you can. For instance, you can respond to an officer’s statements with generic, polite responses. If an officer asks, “What are you doing?” You can simply answer, “I’m attending a protest.”
If officers continue to ask questions or otherwise make you uncomfortable, ask, “Am I free to leave?” This phrase will help you find out if it is permissible for you to end the interaction. If the officer says yes, calmly and silently walk away. If the officer says no, you’ve been stopped and have to stay where you are.
In case of a stop, you can ask, “Am I under arrest?” If the officer says yes, ask, “For what crime?” If the interaction continues, say, “I wish to remain silent,” and repeat the phrase if questioning continues.
If asked, you should give your name and address to an officer, but do not give any additional information, excuses, or explanations. Generally, Metropolitan Police Department officers cannot force you to give them your I.D. at a protest. But federal law enforcement officials can require non-citizens to show proof of their lawful status. If you are a non-citizen, carry documents demonstrating your status.
If arrested, you should say, “I wish to remain silent. I want a lawyer.” Know that the police can lie to you (if, for example, they promise you’ll get out faster if you answer questions). Don't sign anything you do not understand, especially any papers stating that you understand and want to waive your rights.
For more information on what to know before, during, and after protests in D.C., check out our Know Your Rights guide for demonstrators in D.C. And if you believe that your First Amendment rights have been violated in the District of Columbia, contact us.
