Last month, the ACLU-D.C. sent a letter to federal and local law enforcement officials ahead of the 2024 election and the flood of protests that it could bring to D.C. The letter warned law enforcement officials not to repeat their unacceptable history of suppressing protests in the nation’s capital.
As everyone who lives in, works in, or visits D.C. knows, the District has long been a critical venue for people to express their political views. History has taught us that D.C. residents must be ready to protect our fundamental right to protest, regardless of whom voters elect president.
Our First Amendment Rights in the District of Columbia have come under assault from both federal and local governments, and under administrations of both parties. For example, in April 2015 under the Obama Administration, Department of Homeland Security officials used Google maps and live updates to track, minute-by-minute, the movements of racial justice demonstrators in D.C. This tracking occurred even though officials knew that a Federal Bureau of Investigation joint intelligence bulletin had characterized the protest as a “First Amendment-protected event” with “no information suggesting that violent behavior is planned.” Anti-inaugural protests in 2017 and civil rights demonstrations in 2020 were quashed by D.C. police under Mayor Bowser’s notorious police chief Peter Newsham. An egregious violation of protesters’ rights was carried out by the Trump administration when it deployed federal agents and National Guard troops to fire tear gas, pepper spray capsules, rubber bullets, and flash bangs at peaceful civil rights protesters at Lafayette Square. Many demonstrators were injured, some severely, by this unprovoked attack. The ACLU-D.C. sued on behalf of demonstrators, and we won important changes in federal policy that offer protection against future abuse.
The ACLU-D.C.’s advocacy on behalf of protesters whose First Amendment rights were violated stretches back decades. For example, in 1971, we sued on behalf of anti-Vietnam War demonstrators, including members of Congress, whose protest was shut down by a mass arrest. And we’ve sued on behalf of demonstrators and journalists for other mass suppression of speech rights by law enforcement in 2002, 2005, 2017, and several times in 2020.
We know that a second Trump Administration would pose a grave threat to protest rights in the District. His four years in office were marked by gross abuses of executive power and efforts to trample protest and dissent, including not only the Lafayette Square attack but also the use of military helicopters and joint terrorism task forces against demonstrators.
If elected to a second term, the Trump administration would likely double down on attempts to limit our free speech rights. Trump has said that he would consider invoking the Insurrection Act to deploy the military to suppress civil demonstrations. And he has specifically announced that such military deployments would target places with large Black and Brown populations, like D.C.
If voters instead elect Harris as president, demonstrators in the District will see both challenges to and opportunities for exercising our rights. As a senator, Harris had a strong track record of legislative efforts to rein in warrantless surveillance of Americans. For example, in 2018 as a member of the Senate Intelligence Committee, Harris voted “no” on reauthorizing warrantless surveillance of people inside and outside the U.S. because she said it “neglects to adequately protect the privacy rights of the American people.” However, the harsh reality is that, if elected president, Harris would head a vast network of federal national security surveillance and investigations that have disproportionately targeted dissenters for surveillance. To secure our rights and liberties, Harris would have to actively seek to end the unjustified and discriminatory domestic surveillance of people exercising their First Amendment rights.
Our protest rights are like a muscle that gets stronger the more we use it. In the face of the threats and opportunities the 2024 presidential election presents, we the people of D.C. can protect our right to protest with knowledge and action. Understanding your rights before, during, and after a protest is crucial. Know that your rights are strongest in “traditional public forums” like streets, sidewalks, and parks, provided you don’t block access. You can also learn how to identify the various local and federal law enforcement officers in D.C. by their badges. And if you believe your rights have been violated, document everything, including officers' badges and patrol car numbers, the agency they represent, and witness contact information. You can file a complaint with the D.C. Office of Police Complaints (OPC) or the federal law enforcement agency's internal affairs division.
No matter whom voters elect in November, it will be up to all of us to exercise our right to protest, hold our government accountable, and defend this pillar of our democracy.