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What to know before going to a protest

June 8, 2020
<p>Paul Birdsong, front, prepares protesters for a long march from the Capitol to Lansing Mayor Andy Schor’s house June 6, 2020.</p>

Paul Birdsong, front, prepares protesters for a long march from the Capitol to Lansing Mayor Andy Schor’s house June 6, 2020.

The fight for justice gained momentum following George Floyd's death in Minneapolis, igniting protests and riots worldwide. As of June 4, all four officers involved were reported to be arrested. Former President Barack Obama said in an statement that demands for justice and persistence for black lives everywhere could channel a massive turning point in American history.

The history of the movement

Black Lives Matter (BLM) is a black-centered, ideological, political intervention and movement that Alicia Garza, Patrisse Cullors and Opal Tometi kick-started in 2013.

"As human beings we usually fight for the things that move us out of complacency. We fight for clarity and truth telling. We fight for a world that we want our children to live in. A world we want our communities to thrive in," according to the BLM website.

It began as a heated response over the acquittal of George Zimmerman in 2013, who fatally shot 17-year-old Trayvon Martin. It has since grown to a worldwide movement for black lives lost at the hands of law enforcement.

As it developed through 2013 and 2014, their hashtag (#BlackLivesMatter) was utilized as a platform and organizing tool. Other groups and individuals utilized it to amplify a rejection of anti-black racism.

The organization particularly highlights the ways black women, more specifically black queer and transgender women, are violated.

Their website "Herstory" states that, in order to maximize their movement muscle and not replicate harmful practices that excluded so many in the past, they have made a commitment to placing those at the margins closer to the center.

According to their website, the project has grown into a member-led global network with more than 40 chapters dispersed nationwide — Lansing even has one of their own.

"The space that #BlackLivesMatter held and continues to hold helped propel the conversation around the state-sanctioned violence (black people) experienced," according to the website. "... Our goal is to support the development of new Black leaders, as well as create a network where Black people feel empowered to determine our destinies in our communities."

The movement made note to recognize the work of the people in St. Louis and Ferguson, Missouri after the murder of Mike Brown in 2014, "who put their bodies on the line day in and day out, and who continue to show up for Black lives."

Recently, BLM has kick-started a new campaign #WhatMatters2020, aimed to maximize the impact of the movement by fueling its supporters and allies to go to the polls and vote in the 2020 U.S. presidential election.

The effort aims to build collective power to ensure candidates on the ballot are held accountable for the issues that systematically and disproportionately impact black communities.

Your rights while protesting

Freedoms of speech, press, assembly, petition and religion are guaranteed protection under the First Amendment of the U.S. Constitution.

However, according to the American Civil Liberties Union (ACLU) of Michigan, it does not protect any form of civil disobedience that purposefully violates a valid law to make a point. The same is upheld for speech and words that could be used to provoke or incite an immediate riot.

There is no legal age limit, citizenship requirement or politically-based sides to these freedoms. They can be used to push for social and political change, or to oppose such.

Christopher Smith, MSU criminal justice professor, said although the First Amendment is meant to protect us against government limitation, like other rights, it isn't absolute.

The Supreme Court holds that governments can regulate these freedoms by placing time, place and manner restrictions, Smith said.

"Your right to protest is strongest in traditional 'public forums' such as parks, sidewalks and streets," the ACLU of Michigan said in a guide.

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Smith also said that there are certain locations where you are supposed to have a prior notice and approval before protesting there. Similarly, you cannot block places of necessity, such as a highway ramp or an emergency room entrance.

The ACLU of Michigan website reiterated his point, stating that you'd usually only need a permit if you're planning to block traffic, close a street, utilize sound amplifying devices or gather in certain designated parks and plazas.

Things can get complicated when police use excessive and abusive force (e.g. tear gas). The use of force, generally governed by the Fourth Amendment, can violate someone's protection against unreasonable seizure, Smith said.

"We have to bear in mind, even if you have a policy and even if you train people that doesn't mean that individual officers will necessarily follow it, (which is) a risk ... in these circumstances," he said.

If you happen to cross paths with a police officer, the ACLU said you need to do your best to remain calm and avoid any sort of resistance, obstruction or argument with them. You can ask to talk to a supervisor, explain your position and that the First Amendment protects your actions if you feel you are being violated.

ACLU advises that you follow orders and write down what happened as soon as possible, including the officer and witness names, badge or patrol car numbers and any other important information.

The officer is not permitted to search you unless they have reasonable suspicion or probable cause to tie you to a criminal act, but even then it is only an outer-clothing frisk in search of weapons. The same goes for any bag you may be carrying and marked secure areas. They must also allow you to refuse and leave.

In terms of showing an identification card, you do not have to do this unless you are being arrested, being ticketed, driving, or the officer has reasonable suspicion to believe you have violated the law. Some cities, such as Ann Arbor and East Lansing, Michigan, have a local law that requires you to show an ID when requested.

You have the right to question the police officers on why they are asking for your ID and what will happen if you refuse to show it or do not have it on you. Undocumented immigrants should be aware that showing your ID may result in detention by immigration enforcement authorities (ICE).

Black Lives Matter has a website that explains basic protester safety, including what to wear and bring with you, what happens if you are exposed to tear gas, how to use a VPN and other digital security and awareness factors and how to stop blood loss quickly if injured by something like a rubber bullet.

There is further information on how to protest as a non-citizen and how to protest out of country, specifically in Canada, along with what to do in the event that police officers knock on your door.

The website also recommends protesters get tested for COVID-19 at least five days after they are out on the streets and to avoid telling your health care provider that you were protesting — they can deny you coverage and treatment if they know this.

This Instagram-complied guide by English vlogger, businesswoman and author, Zoë Sugg, currently features 67 posts and counting from a variety of different creators and activists. "Stories disappear after 24 hours but this guide will remain," according to the description.

This website provides a map of protests on each continent, a list of petitions and donation funds for the arrested protesters and black-owned businesses, as well as other resources for protesters.

Even without money to donate or the ability to protest, the website offers educational materials and streamed videos and playlists that show you advertisements, which directly support different bail or freedom funds, GoFundMe's set up by victims' families, Reclaim the Block and ACLU.

This Twitter thread features several other local donation funds.

"If that hadn't been videotaped, we would have never known it was murder," Frank Ravitch, a law professor at MSU, said. "How many George Floyd's are there out there, that we've never heard of, who's name we'll never know, who suffered the same thing?"

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