Content warning: discussions of violence, police aggression, discrimination
Your safety and security, and that of activists across our network, is the highest priority. And we know it is an unfortunate reality that, as we plan events and gatherings in our community, there is always the risk of conflict emerging – and the potential threat of orchestrated violence from right-wing extremists.
We want to provide all Indivisibles the knowledge and resources to be able to know your rights, prepare for and anticipate your needs, and in the unlikely event of hostility, have the tools to protect others and deescalate if possible. Please read and share this resource widely, and revisit it as needed for future event planning.
This information is adapted in part from guidance originally provided by our allies and partners from the Protect the Results coalition. Though much of this information was originally published in fall 2020, it still provides valuable guidance for events, rallies and actions of all types today.
This resource may not be exhaustive. Further, while not all of the information outlined below may be relevant to your event, please review and share this resource with your group, apply or adapt what is most appropriate for your needs, and discuss any questions with your Indivisible organizer.
Please note that the information contained in this fact sheet and any attachments is being provided for informational purposes only and not as part of an attorney-client relationship. The information is not a substitute for expert legal, tax, or other professional advice and counsel tailored to your specific circumstances, and may not be relied upon for the purposes of avoiding any penalties or prosecution.
Quick Tips
COVID-19 safety and precautions: We recommend reviewing the CDC’s latest guidance on COVID safety before your event, and to encourage participants in events to wear masks and practice physical distancing. If possible, consider holding your events outdoors to reduce the possibility of transmission. If you decide to move an in-person event online, check out our resource here on best practices for hosting virtual events.
Coordination with partners and impacted community leaders: If you are partnering with other organizations or leaders, especially those from marginalized identities, make sure to follow their lead. As experts on the specific needs and concerns of their own communities, it is important to plan time well before your event to seek out and coordinate with them, and to graciously receive and incorporate their feedback, especially regarding matters of safety and security.
Personal safety: For event organizers and attendees alike, we encourage you to be careful about what you share about yourself/your event and with whom, including on social media. Consider avoiding wearing clothing or other items hostile individuals could use to identify you, and covering visible tattoos. Review your transportation plan to and from the event, and let someone know where you’ll be, when you expect to be home and when they should expect to hear from you after you’re back from the in-person events.
Digital surveillance and privacy: For event organizers and attendees alike, review your privacy settings on social media apps (Instagram, Facebook, Twitter, etc.). Adjust them to keep your personal info more secure. Review any social media apps on your phone to confirm that your location (particularly on maps / navigation systems) is turned off, and that your social media profile is set to private. If you have your phone with you, do not connect to unsecured wifi. If you can and feel comfortable doing so when going to in-person events, leave your phone at home so law enforcement can’t track you. If you choose not to bring your phone with you, keep a list of numbers with you in case of emergency, including at least one person who is not at the event with you. Another one of those numbers could be your local public defender’s office, legal aid organization, or state bar referral resource.
Non-engagement with opposition members or hostile individuals: Avoid engaging in conversation or any verbal exchange with aggressive, hostile individuals. Participants should be encouraged, if in an uncomfortable situation, to create physical distance, and notify event organizers.
Legal and know-your-rights resources: If you or any attendee needs to speak to an attorney for any reason, you may call your local state bar association for an attorney referral. If you'd like to speak to an attorney about a crime that occurred during the protest, you may contact the National Crime Victims Bar Association to access resources and connect with legal assistance in your area. For more information about your rights, consult the National Lawyers Guild guide on police encounters.
Conflict Deescalation Strategies
Protect the Results partner Greenpeace offered the following strategies to host events in atmospheres with heightened risk. These behaviors can help defuse hostile confrontations by modeling understanding and win-win problem solving. Not all tips below are effective in all situations, be sure to consider your situation carefully and choose strategies that you feel are appropriate. Your safety should be the number one priority when making decisions.
Remain calm
- Reduce physiological stress through some form of relaxation or meditation.
- Think before you act, consider your options. It will let you see different alternatives, and minimizes the risk of unwise or violent acts.
- Take action to ensure physical safety, this might mean leaving the scene.
- Assess the meaning and nature of angry behavior.
Use body language to reassure the other person
- Allow adequate personal space
- Use a supportive stance (Have a supportive attitude. Adopt a non-aggressive body position, keeping your hands open and visible. Alternate looking to the other's eyes and to the ground so as to minimize tension.)
- Make sure that the other person does not feel ‘outnumbered’. Try to bring them away from the crowd, if possible. If you do, tell someone you trust where you’re going and try to stay within eye-sight distance.
Encourage discourse
- Introduce yourself, offer a handshake, and use the individual's name.
- Use attentive body language.
- Practice active listening; often, people just need to vent.
- Be prepared to strike a balance between chatting about non-action related things to help build bonds with workers/police/counter protestors and defuse stress, maybe you both have kids or like the same sports team.
Show understanding and empathy
- Respond sympathetically and reframe statements
- Invite problem-solving
- Match their volume and then lower to reduce intensity
- Be prepared to repeat yourself if necessary
Commit to resolving the issue
- Emphasize willingness to resolve the issue
- Acknowledge the importance of resolving the issue
Help the other person save face
- Reassure the hostile person
- Offer the option to pursue the issue later
- Refrain from openly judging their behavior.
Confront the issue at hand
- Effective confrontation focuses on problem behaviors, not on individuals: hard on the problem, soft on the person.
- Acknowledge... the other's issues, feelings
- Commit Involvement... show interest in solving the problem.
- Describe... the other's behavior using specific and objective words.
- Express... your reaction to the behavior(s).
- Specify.... name desirable behavior changes.
- Consequence... explain how the outcome will be of mutual benefit
Examples:
- Acknowledge feelings -- ”I can see..”
- Commitment -- ”I want to solve…”
- Describe behavior* -- ”When you…”
- Express your feeling -- ”I get…”
- Specify -- ”I want…”
- Consequence--”So that we can…”
* Describe behaviors objectively, in a non-judgmental language. Attempt to make consequences positive and mutual, or at least neutral.
Body Language
- Validate their point of view, nod
- Make good eye contact, try to shake hands
- Don’t wear sunglasses
- Calm tone, open body language, hands at sides, don’t cross arms
- Slow movements
- Allow adequate personal space
- Don’t run unless absolutely necessary
- Supportive stance: adopt a non-aggressive body position, keep hands open and visible, arms at side
- Alternate looking at the ground and other person’s eyes because some people don’t like too much eye contact (can be perceived as aggressive)
Verbal Communication
- Introduce yourself
- Show your honesty, passion, explain your purpose, and don’t get defensive
- Keep the issue in mind, but don’t argue the details – remember why you’re there
- “I’m not here to get in anyone’s way or argue, I’m here to protect our democracy.”
- Don’t get into a debate
- Listen, show active understanding and respond sympathetically
- Do not interrupt unless you absolutely must
- Match voice level and then lower your own
- Don’t take it personally, not about you, it’s about the issue
- Leave people with a good feeling after talking to you
- Ask questions, acknowledge what they say, repeat it or re-word to clarify
- Negotiate, invite problem solving, stall when possible
- Emphasize willingness to resolve the issue
Emotional Wellbeing
- Remind yourself why you are there and be totally committed to that
- Repeat your mission and purpose to yourself
- Stay calm
- Breathe
- Ground yourself
- Know your ‘triggers’
- Use what works for you... meditation, thinking about what you’re going to eat, imagining a bath, whatever. Just try to calm yourself down.
*Please note that even if the conflict deescalates, there is still risk that the situation may escalate again amongst the same people, or the same subject. Use your best judgment before continuing communication with these individuals.
The facts about private militias
Our friends at the Institute for Constitutional Advocacy and Protection have created fact sheets for all 50 states explaining the laws barring unauthorized private militia groups and what to do if groups of armed individuals are near a polling place or voter registration drive.
Know Your Rights: Protestors Rights
From our friends at the ACLU, in 4 sections:
- I’m organizing a protest
- I’m attending a protest
- I want to take pictures or shoot video at a protest
- I was stopped by the police while protesting
I’m organizing a protest
Your rights
- Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.
- Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
- Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.
- When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.
Do I need a permit?
- You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
- Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of sound amplifying devices; or a rally over a certain size at most parks or plazas.
- Review state and local rules on permit issuance.
- While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events.
- Restrictions on the route of a march or sound equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.
- A permit cannot be denied because the event is controversial or will express unpopular views.
- If the permit regulations that apply to your protest require a fee for a permit, they should allow a waiver for those who cannot afford the charge.
What to do if you believe your rights have been violated
- When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
- Get contact information for witnesses.
- Take photographs of any injuries.
- Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
I’m attending a protest
Your rights
- Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.
- Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
- Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.
- When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.
- You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
What to do if you believe your rights have been violated
- When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
- Get contact information for witnesses.
- Take photographs of any injuries.
- Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
What happens if the police issue an order to disperse the protest?
- Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.
- If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
- Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.
I want to take pictures or shoot video at a protest
Your rights
- When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the owner may set rules about photography or video.)
- Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations. Do not show or give your phone to police officers.
- If you are videotaping, be aware that there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.
What to do if you are stopped or detained for taking photographs
- Always remain calm and never physically resist a police officer.
- Police cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so.
- If you are stopped, 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 the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.
What to do if you believe your rights have been violated
- When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
- Get contact information for witnesses.
- Take photographs of any injuries.
- Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
I was stopped by the police while protesting
Your rights
- Stay calm. Make sure to keep your hands visible. Don’t argue, resist, or obstruct the police, even if you believe they are violating your rights. Point out that you are not disrupting anyone else’s activity and that the First Amendment protects your actions.
- Ask if you are free to leave. If the officer says yes, calmly walk away.
- If you are under arrest, you have a right to ask why. Otherwise, state clearly you wish to remain silent and ask for a lawyer immediately (example: “I am invoking my right to remain silent and my right to an attorney, and I won’t be answering without a lawyer”). Don’t say anything or sign anything without a lawyer.
- You have the right to make a local phone call, and if you’re calling your lawyer, police are not allowed to listen.
- You never have to consent to a search of yourself or your belongings. If you do explicitly consent, it can affect you later in court.
- Police may “pat down” your clothing if they suspect you have a weapon and may search you after an arrest.
- Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
What to do if you believe your rights have been violated
- When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
- Get contact information for witnesses.
- Take photographs of any injuries.
- Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
Thoughts on notifying local law enforcement
Along with de-escalation resources and training, we also thought it could be helpful to share some thoughts from the Protect The Results team of organizers about notifying law enforcement of your events.
Notifying law enforcement
We think it’s very important that your team consider whether or not you want to give local law enforcement advance notice about your event. We know that there may be strong opinions about both options and we think event organizers are best suited to make the final decision.
You might choose to contact police in advance because:
- You want to pre-organize the police in order to
- shape their understanding of the planned events before others have the ability to
- introduce yourself or your police liaison
- mitigate any unintended misunderstandings that could negatively impact the safety of participants.
- You need to apply for permits (for a large event, planning for stages, amplified sound, etc.)
- You expect the police to attend either way, due to the size of your event or the nature of your community and policing there and want to proactively establish communication, identify points of contact and communicate that your group is committed to nonviolence.
- You know of specific threats to your event (eg: from planned counter-protests) and you believe that the police in your community will be able to help deescalate or protect your rights to speech and physical safety.
- You have a team member or trusted community partner (local official, organizer, faith leader, etc.) who has an existing positive relationship with the police and can meet with and speak to them on your behalf.
You might choose not to contact police in advance because:
- Your event does not have elements requiring a permit.
- Your local police department has a history of coordinating with right-wing extremists or of violence against the public
- You know that inviting the police to your event might make your own event less safe, especially for Black people, other people of color, LGBTQ+ people and immigrants, due to police threats, intimidation or violence. We want to call out that planning teams which have a majority of people with white, cisgender and/or citizenship privilege may carry more positive feelings about law enforcement and may therefore underestimate this risk in their decision making. It is important that you are aware of this possible dynamic and take responsibility for creating a plan that supports all attendees’ safety no matter the composition of your planning group.
If you do contact law enforcement in advance, we recommend you identify someone on your team to be a law enforcement liaison. That person would try to meet with law enforcement in person before the event to discuss any concerns, put a face to your group and exchange contact information. The goal of this meeting is to make clear in advance that you are a peaceful group committed to nonviolent tactics and proactively de-escalate any anxiety or animosity law enforcement could have if they show up at the event.
If you choose not to alert the police ahead of time, there are important steps you can take during the event to decrease the risk of violence.
- Stay together and stay on message.
- Assign someone onsite to be the designated law enforcement liaison. This person is assigned to talk to the police if they show up. There is power in who you might tap to be the police liaison - for example asking a local faith leader to serve as the police liaison can help maintain de-escalation.
Take action: Make a safety plan and prepare for risks
We suggest that group leaders and event organizers fill in the blanks on this form and share with event attendees in advance and/or once events are activated. We’d encourage attendees to print and put it in a pocket and/or to take a screenshot of this information.
****
Event Hosts: ______________________________________
We will be gathering at ___:____ at _______________. The best place to park is ___________________.
Consider public transportation ___________________.
The closet bathroom access to the event is ______________.
Be prepared. A list of items to consider bringing to your event at the bottom of this section.
Our Group Agreements include ___________________________________.
Who is your Action Buddy? ________________________
Our coalition partners are ______________________________________.
Look for these people:
-
Safety Coordinator - Identifiable by _______________
-
Police Liaison - Identifiable by _____________
-
Legal Observer - Identifiable by ____________
-
Media Coordinator - Identifiable by _____________
[please find the Media Coordinator if you are approached by someone in the media]
Our exit strategy includes________________________. If we need to disperse, we’ll meet at _______________________________. If you are arrested, bail fund resources for our area _________________________ (write the phone number on your arm).
What if Violence Breaks Out?
- Before the event, think about - What limits are you comfortable with? When do you want to remove yourself from the situation? What are your triggers? Discuss these with your action buddy.
- During the event - Stick with your plan. Recognize triggers in others and help them quickly.
- If there is an active shooter- ID threat and if possible allow Safety Coordinator to direct/move activists, Get yourself and others out of harm’s way quickly. If possible, remove yourself from the area. If not possible, get on the ground and don’t move.
What you might want to bring with you:
- Mask
- Comfortable shoes you can run in
- Fresh clothes in plastic bag
- Basic first aid kit
- Eye protection (shatter resistant)
- Watch, paper, pen to document
- Identification and/or emergency contact information
- Inhaler, epipen, medications
- Clothing covering all of your skin to protect from pepper spray
- Energy snacks
- Water in plastic bottle with squirt top
- Wet wipes and tissues
- A hat or helmet
- Bandana to cover nose and mouth soaked in water, lemon juice or vinegar, it can aid in breathing during chemical exposure
Additional Resources
Check out this Safety Checklist
National Directory of Community Bail Funds
ACLU - Know Your Protestor Rights
State-by-State Unauthorized Private Militia Group Law