Rights and Resources for Students During Protests

The University’s Freedom of Expression information outlines Ohio State’s policies governing students, including using space on campus.  The University also provides support resources to understand and comply with their policies. 

Non-violence: Protests must remain non-violent. Any form of violence, property damage, or threats can lead to criminal charges. 

Counter-Protests: Counter-protesters have the same rights to protest. Students must respect the rights of others to hold counter-protests and avoid confrontations. While counter-protests are allowed, it is unlawful to disrupt a speaker to the extent that their message is silenced.

Other Students: While students can and should exercise their right to peaceful assembly during their time at Ohio State, it is important that campus remain a place where all students can safely pursue their studies. 

Lawful Orders: Protesters must comply with lawful orders from law enforcement officials, including orders to disperse. Our recommendation is to follow the order and to seek legal counsel later if you believe that an order was not lawful or that your rights have been violated. Failure to follow an order can result in arrest.

Resisting Arrest: Any action which prevents police from taking you into custody easily may result in a charge for resisting arrest. These actions include, but are not limited to, locking arms, refusing to stand, going limp, or refusing to enter a police car.

Permits: If you plan to protest off campus, know that large protests, especially those involving marches or rallies, may require permits from local authorities.

On public property, you can photograph or record anything in plain view, including police, as long as you don't interfere with their activities. In Ohio, you can record conversations if at least one party to the conversation consents, or if the conversation isn't expected to be private. If recording law enforcement, do so respectfully.  

The law protects the same rights—and imposes the same limits—for protesters and counter-protesters alike. Always remain calm if you are confronted by counter-protesters. Police are allowed to separate antagonistic groups, but must treat both groups equally. Protesters and counter-protesters cannot incite, attempt, or commit violence against one another.

Before enforcing an order to disperse, police must first inform protesters of how much time they have to disperse, how they can exit, and the consequences of remaining. The police must provide a reasonable opportunity to comply with the order. Police can arrest protesters and file criminal charges for breaking the law.

The law protects your right to assemble peaceably. Violence, theft, destruction of property, the obstruction of law enforcement activities, and other criminal acts are not protected. The legal consequences of these actions can include arrest, fines, imprisonment, and civil liability for damages. Engaging in these actions also increases the risk of forceful intervention by police.

Do not argue with or resist a police officer, even if you believe that they are acting unlawfully. Keep your hands visible. You can calmly state that the First Amendment protects your actions and your right to peacefully protest.

Ask the officer, “Am I being detained, or am I free to leave?” If you are free to leave, calmly walk away. If you are being detained, you may ask to speak to your lawyer. Otherwise, stay silent—do not say or sign anything without first talking to a lawyer. If placed under arrest, you have the right to make a local phone call, and police cannot listen to a call with your lawyer.  Know that you may not be allowed to make your phone call immediately and may have to wait several hours.  

Police may pat down your clothing if they suspect that you have a weapon. Otherwise, police can only search your person if you consent—which you are never required to do—or, if they place you under arrest.

Let someone at the protest know whom to contact on your behalf if you are arrested, such as a parent, friend, or lawyer. This may reduce the amount of time you are held if you are taken to jail.  Memorize an emergency contact number for someone you trust in the event you are arrested or detained without your phone.

Refusing to identify yourself, by name, address, and date of birth can result in an additional charge. If arrested, it is best to provide law enforcement with identifying information.

After providing identifying information to law enforcement, do not answer any questions and request an attorney. 

To avoid additional criminal charges, including resisting arrest, follow law enforcement instructions.

If arrested, your property and person will be searched. You should not verbally consent to a search prior to arrest, but police may pat you down outside of your clothing prior to the arrest and you should not take any actions to prevent a search. Police may remove property located during a pat down search.

If taken to jail, they may hold your money and phone. You may be held for several hours before being processed. You may not receive typical courtesies, such as a restroom break or water. Police may lie to you to elicit information, or to induce you to admit to a crime. Ask to speak to an attorney and then remain silent.

Your presence may be required in court. Being charged with a crime does not mean you will be convicted. You should always consult with an attorney before entering a plea. Be aware  that an arrest or conviction may have an impact on future opportunities, including employment.  If you are an Ohio State student, schedule an appointment with Student Legal Services.