Exercising Your Rights Of
Political Protest In Washington, DC
Prepared by the Washington, DC Chapter of the
National Lawyers Guild
The Washington, DC Chapter of the
National Lawyers Guild (NLG) prepared this to give general legal
information regarding progressive political issues in Washington,
DC. The information assists women who engage in any form of protest or First
Amendment statement, those of us that wore Burkas to the Afghan
Embassy on September 11, 2006, and will return there again on
October 16, 2006.
View
Afghan Embassy Pictures Here ●●●
- Introduction
Washington, DC has a long
and full history of political protest. Police and other
authorities here are probably more accustomed to demonstrations
than in any other city. Still, overreactions occasionally occur.
The police sometimes try to intimidate protestors into not
exercising their First Amendment rights. On September 11,
2006, Afghan Embassy Security officers called the Metro DC
police and wanted us removed. Realizing the significance
of September 11th, the Metro DC police refused but did send a
patrol car. Which to our surprise, was replaced with a
woman police officer who patrolled the area to protect US!
When the photographers from the Washington Post showed up, the
Afghan Security officers quickly changed their minds and told
police and others that they did not want us touched in any way.
Apparently the Afghan Ambassador had the good sense not to allow
the image of a woman in a burka being grabbed by an American
police officer to be photographed.
These materials are offered as a
way of disseminating information to anyone considering the
October 16th and November 12th 2006 demonstrations in Washington, DC. We have tried to
provide a range of materials that will be useful for most any
protest. We try to mention political concerns and choices as
they arise, but please keep in mind that often there is a big
difference between politics and law. We try to help you
understand the law so you can make informed choices, but the
most important thing is for you to think through
everything ahead of time and decide what you want to do in any
given situation before it happens.
Personal safety is paramount.
- For some reason, many activists
coming to Washington for the first time have heard about the
many different police forces we have here and are concerned
about that factor. There is no reason to be. You will see a
broader variety of uniforms here than in other cities, but
that’s about all there is to it. Here is what to expect.
The Metropolitan Police Department is
the primary city police force, responsible for the public
streets and non-federal buildings. Most of the parks, monuments,
and the grounds surrounding some federal buildings are protected
by the United States Park Police. Federal Protective Services,
through the General Services Administration, protects federal
buildings for agencies that do not have their own police forces,
although many do. A Washington protestor is likely to encounter
Metro Police, US Park Police, US Capitol Police, Uniformed
Secret Service, Defense Protective Services, and the FBI. As
many people know the FBI is infamous for intimidating and spying
on protestors, but have no fear, you will be under a burka and
cannot be forced to give out your name. There are also
other police agencies, too numerous to list. Although they all have
defined jurisdictions, during a protest the lines will blur. If
you break the law charges are usually possible under the DC Code
or under federal laws.
Strange as this may seem at first,
it really is nothing to be concerned about.
What About the Afghan Embassy?
You have the same First Amendment
rights when protesting outside an embassy or foreign mission as
you do anywhere else. It is still lawful to peaceably congregate
and express your political views. During the apartheid era, some
people were arrested under laws specific to embassies and
foreign missions. Many parts of those laws were declared
unconstitutional in 1988 in Boos v. Barry and have since
been repealed. The sections regarding congregations were not
struck down, but were severely limited. The US Supreme Court
ruled that police authority to order such a gathering to
disperse only when "is limited to groups posing a security threat."
When a group is posing a security threat, the police can order
it to disperse whether it’s a foreign mission or a supermarket
or anything else. There might be different laws that come into
play here, but what you can and cannot do lawfully is not
altered by the designation of an area as a foreign mission or
embassy.
A few people speculated that
the government could use the foreign mission designation as an
excuse for creating a "secured zone" around the building, but
the truth is that they have the same authority and
constitutional limits on authority to do this regardless of
whether or not it is a foreign mission or just private property.
If the designation "foreign mission" is used, its purpose is
probably to cause confusion and discomfort -- it can’t do much
more. We proved this during the 9/11 protest when the
Afghans finally chose to invite us inside to talk, rather than
try and stop us.
MOST IMPORTANTLY: As a general
matter, we have the right to use American public sidewalks to express
our views in any way that does not prevent others from using the
sidewalk. So we can hand out flyers, hold signs, and make
speeches. You do not need a permit for this. However, if there
is so large a group doing this that others cannot use the
sidewalks, you might be asked to move along. This was not
the case on 9/11. We had a small group in a line on
the public sidewalk, and did not block the access way at
anytime, even when we handcuffed ourselves to the Embassy gates. The SIDEWALK is the SAFEST place!
View
Sidewalk Pictures Here ●●●
- All participants in these
demonstrations are asked to agree to these action guidelines.
Having this basic agreement allows people from many backgrounds
and beliefs to work together. They are not philosophical or
political requirements or judgments about the validity of some
tactics over others. These guidelines are basic agreements that
create a basis for trust so that we can work together for this
action and know what to expect from each other.
1) We will use no violence,
physical or verbal, towards any person.
2) We will carry no weapons.
3) We will not bring or use
any alcohol or illegal drugs.
4) We will not destroy
property.
5) We will not yell, use
profane language, or even talk.
6) We will not be rude or
threatening or mean, this the Afghan Embassy, where hospitality
and kindness is their culture and their code of Pashtunwali.
7) On
9/11 we made a visual statement of oppression with Burkas,
chains and handcuffs, and succeeded in personally presenting a videotape and letter to the
Ambassador. The videotape contained secret recordings of
Afghan Appeals Court judges stating that the imprisoned
Americans were completely innocent of all crimes for which they
were accused and were really national heroes.
- About The National
Lawyers Guild
The National Lawyers Guild is an
association dedicated to the need for basic change in the
structure of our political and economic system. We seek to unite
the lawyers, law students, legal workers, and jailhouse lawyers
of America in an organization which shall function as an
effective political and social force in the service of the
people, to the ends that human rights shall be regarded as more
sacred than property rights. Our aim is to bring together all
those who regard adjustments to new conditions as more important
than the veneration of precedent; who recognize the importance
of safeguarding and extending the rights of workers, women,
farmers, and minority groups upon whom the welfare of the entire
nation depends; who seek actively to eliminate racism; who work
to maintain and protect our civil rights and liberties in the
face of persistent attacks upon them; and who look upon the law
as an instrument for the protection of the people, rather than
for their repression.
- -Preamble to the NLG
Constitution, adopted 1937
Permission is hereby
granted to duplicate and distribute this document, provided that
it is reproduced in its entirety.
If you are interested in more
information about free speech events or about the National Lawyers
Guild, contact them directly at:
National Lawyers Guild, DC
1666 Connecticut Avenue, NW, Suite 225
Washington, DC 20009
National Lawyers Guild
126 University Place, 5th Floor
New York, NY 10003
www.nlg.org
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The Taliban executed women for wearing
nail polish. Karzai simply tortures them and imprisons them,
not for nail polish, but for speaking out, divorce, adultery, sex
outside of marriage, and many other things.
Americans must never fear exercising the Constitutional rights
paid for with American blood for more than 200 years. Yes, we handcuffed ourselves to
the Afghan Embassy fence at the moment the first plane hit the
World Trade Center five years ago. We each had
our own key hanging around our neck on a small cord. If police officers
told us to un-cuff from the fence, we were going to ask him to explain
why, and then follow the Police Officer's
direction, After that, we would simply stand there in a
line waiting to see Ambassador Jawad. Instead we chained
ourselves to the Embassy when they said the Ambassador was not
there and would not talk to us. he was there, and he did talk to
us.
View
Afghan Embassy Pictures Here ●●●
On October
12th we intend to seal off the embassy with a sea of
bright
blue Burkas:
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- Know ahead of
time what your rights are and how you plan to react to the
threat of arrest
This is one of those personal
political decisions we mentioned. You DO NOT have to make a
decision about whether you are prepared to be arrested.
[On 9/11 we did NOT see being arrested as part of any political
statement that we are committed to making. On
October 16th some of us will face that possibility.]
Here are a few legal tips to
keep in mind as well.
When a police officer wants to
speak to you simply hand them a note that says you
DEMAND TO SPEAK TO A LAWYER! Ask to talk to one
immediately if you are being questioned by the police.
But just demanding one will often make the cops stop
bothering you.
In any case, we have lawyers standing by, like last
time, ready to file restraining orders and lawsuits.Do not
say anything to the police except "I want to
remain silent. I want to speak to an attorney."
Anything else that is said to the police may be
recorded, turned, twisted and manipulated. Do not say anything to the police. You have
a constitutional right to remain silent and to have a
lawyer -- exercise this right. CAUTION:
Do not give a phony name to the police, just stay under
your Burka and don't give them any name.
Similarly, if you are asked
to waive any rights -- i.e. consent to a search of your
person or car -- do not agree to anything without
consulting with a lawyer first. Tell the officer that
you are not consenting to anything and want to speak to
a lawyer immediately. Do not sign anything until you
talk to a lawyer.
Two other bits of
information:
There is no requirement
generally that individuals identify themselves to police
officers or carry identification cards (except while
driving). If this happens to you, politely decline
to identify yourself and ask the officer if you are
under arrest or if you are free to leave. If he/she
responds that you are free to leave, do so.
- "How do we stay
out of jail?"
People are wrongfully arrested
every day in this country, and in other countries [Jack and
his men are a perfect example]. We can tell you what
the law officially does and does not permit. Generally, if
you stick to legal activities and do what the police tell
you, you can attend a protest without being arrested.
At events with permits you can
make speeches through loud speakers, chant slogans, call
politicians whatever name appeals to you at the moment, and
generally peaceably express yourself however you wish.
However, we will not be doing any of these things. And
the right of free speech never includes threats or attempts
to provoke violence.
As a general matter, we have
the right to use the public sidewalks to express our views
in any way that does not prevent others from using the
sidewalk. So we can hand out flyers, hold signs, and
make speeches. You do not need a permit for this. Still, we are not making
speeches, or even talking.
The right to protest in a
non-violent manner in public places is protected by the
Constitution, as well as by international law.
We are unaware of any
prosecutions to date even for demonstrating within security
barriers, and the constitutionality of limiting speech there
is highly questionable. Recently, two courts declared a law
banning expressive activity in front of the US Capitol
without a permit unconstitutional, refusing to convict a
protestor and issuing an injunction against enforcing that
law. However, this is not the case here, we will be on
public sidewalks when we surround the Afghan Embassy on
October 12th.
Usually if it looks like a
public sidewalk, you have a great deal of free speech
rights there. It is the safest place because if you
picket plazas outside office buildings and shopping
malls, you could still run the risk being charged with
trespassing.Marches
in the streets (but not on the sidewalks) require a
permit. The police in DC have in many occasions dealt
with un-permitted marches in the past by allowing them
to go on, and even offering an ad-hoc police escort,
just like they did for us on 9/11.
- Common Charges
Resulting From Protest Activities
There are the common charges
arising from protest activities.
Incommoding. This is
blocking vehicle or pedestrian traffic on the streets,
sidewalks, and other walkways. This is by far the most
common charge we see when protestors sit down in the street.
Sidewalks are trickier because you generally have a right to
engage in free speech activities on the public sidewalks;
but if you so clog them that no one else can use the
sidewalks, we could be charged with incommoding. Maximum
penalty is a $250 fine and/or 90 days in jail. DC Code §
22-1107. The charge of disorderly conduct is
essentially the same. DC Code § 22-1121.
Note that Obstructing
bridges connecting DC and Virginia is punishable by an
additional fine of at least $1,000 and up to $5,000, and/or
up to 30 days in jail. DC Code § 22-1123.
Failure to obey a Police
Officer. Often called "failure to disperse," this charge
is possible when the police decide to close a street or
clear a path and you refuse to move. The order they give you
must be "lawful," which means that if the police issue an
unconstitutional order, there is no offense in ignoring it.
But police authority is broad and we won’t know if the
order was unconstitutional until trial. If the order turns
out to have been lawful and you failed to obey it, you can
be fined $100-$1,000. DC Muni. Reg. §§ 18-2000.2 & 2000.10.
We WILL follow all police orders.
Unlawful entry on property
(trespassing). Remaining on private property after being
told to leave is punishable by a fine up to $100 and/or up
to 6 months in jail. For government buildings and the
surrounding land, there must be some reason that you have
been asked to leave, such as to prevent disruption or to
maintain security. DC Code § 22-3102.
Resisting or interfering
with a police officer is a violation of the same law as
assault on a police officer (below). You may not
stand in the path of an officer or pull away from them or help
another person to pull away from an officer trying to make
an arrest. In addition to violating this law (which is quite
serious in itself -- up to 5 years), you may be charged with
aiding and abetting (below). Resisting arrest is
unlawful even if the officer has no rightful basis for
arresting you.
Do Not Touch a
Police Officer. Any unwanted touching of a police
officer is an assault. Touching anything they are holding
(nightstick, bullhorn, etc.) is the same as touching the
officer. Same for throwing anything at an officer, even if
you only accidentally hit them. This is a serious offense, a
felony, with a possible $5,000 fine and/or 5 years in
prison. DC Code § 22-505.
It is also against Afghan
tradition for a woman to touch a man, or even engage in
conversation with them.
Unlawful assembly; profane
and indecent language. Most jurisdictions have laws like
this on the books. As applied to political protest and
speech, they are generally unconstitutional and
unenforceable. Only individuals in the crowd who become
violent or threatening can be convicted under this law.
Maximum punishment is $250 fine or 90 days in jail. DC Code
§ 22-1107.
Obstruction of justice.
Interfering with a police officer is illegal. However, bad
television has confused some people as to what "obstruction
of justice" means. It is not illegal to tell someone
being arrested to keep quiet, to ask for a lawyer, etc. It
only becomes obstruction of justice if you threaten a
witness, intending to intimidate them into refusing to
testify truthfully, or if you destroy evidence. DC Code §
22-722(a) & 723.
You never have to talk
to the police. Absent an arrest, you do not even have to
identify yourself to the police.
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