What to Do If Arrested at a Protest in Texas: Know Your Rights

Thousands of anti-Trump protests continue across the country today for "No Kings Day," a coordinated movement aimed at pushing back against what demonstrators see as authoritarian overreach since the president returned to office in January.

Protesters say the event is a symbolic rejection of what they view as unchecked executive power, highlighting recent policies they argue erode democratic norms and civil liberties — particularly those targeting immigration, LGBTQIA+ communities, and diversity, equity and inclusion efforts.

The No Kings National Day of Mobilizations comes as protests against U.S. Immigration and Customs Enforcement in Los Angeles escalated this week, following Trump's deployment of the National Guard to the state, an unusual step without the governor's permission.

Texas officials have taken similar measures, as Gov. Greg Abbott confirmed this week that he will deploy over 5,000 National Guard troops to cities throughout the state amid ongoing protests in San Antonio and Austin.

Those participating in protests face the possibility of arrest. Here's what to do about your rights and what you can do if you are detained.

What do I do if I get arrested at a protest?

Do not argue, resist, or obstruct police — even if you believe your rights are being violated. Anything you say or do can be used against you, and resistance may give officers grounds to arrest you.

Police may pat down your outer clothing if they suspect you’re carrying a weapon. Do not resist or touch the officer. Instead, clearly state that you do not consent to any further search. Police are also required to read you your Miranda rights.

You have the right to remain silent and the right to an attorney. You are not required to answer any questions or speak without the presence of a lawyer. Anything you say can be used against you in court, so it’s best to remain silent until you have legal representation.

Remember to carry your ID and write your emergency contact number on your arm. Include a lawyer’s number if applicable.

What are my rights at a protest?

The American Civil Liberties Union (ACLU), a non-profit and non-partisan organization committed to defending and preserving individual rights and freedoms, offers a guide for someone attending a protest:

Do I need a permit to protest in Texas?

Not in most cases of peaceful public protests. However, you may need a permit for events like parades and marches, especially if they block traffic or use public streets. Some cities and universities in Texas have more regulations, but these must be reasonable regulations that don't infringe on First Amendment rights.

Here's what the ACLU says about protesters' rights to free speech:

• 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.
• 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.

Can I take pictures or video at a protest in Texas?

In most cases, yes.

"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," ACLU's guide states. "On private property, the owner may set rules related to photography or video."

What do I do if my rights are violated at a protest?

In the event that you believe your rights are violated at a protests, the ACLU recommends taking the following actions:

• 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 try to break up a protest?

The ACLU provides the following information regarding dispersal orders:

• 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.

More information about protesters' rights

The ACLU provides further information about protesters' rights according to the following situations:

• I'm organizing a protest.
• I want to take pictures or shoot video at a protest.
• I was stopped by the police while protesting.