Mike Howard has a deep background in civil rights, criminal defense and protests. He is a Dallas criminal defense attorney focused on representing people in Dallas, but he has also been in leadership positions in the ACLU, Bill of Rights Defense Committee, and Lawyers for America—with a particular focus on protests, "know your rights," and legal observing. Texas Lawyer had the chance to speak recently with Howard about protests and knowing your rights.

What are your basic rights if you are going to protest?

Per Howard —

• You have the right to remain silent. But if asked by a police officer, you must identify yourself otherwise you risk being arrested for failure to identify.
• Beyond identifying yourself if asked, you do not have to answer any additional questions from law enforcement officers.
• You have the right to peaceably assemble on public property. However unless you receive express prior permission, this right does not extend to private property.
• A permit is not required in order to march or protest on public sidewalks. However, you cannot block public sidewalks or streets. Obstruction is typically the most common basis for arrests during protests.
• Freedom of speech is a constitutionally guaranteed right. Even if your message is unpopular or controversial.
• You have the right to photograph/video anything in public view.
• You have the right to film the police—including arrests—as long as you don't get so close that you are interfering.
• If the police confiscate your phone you do not have to provide your password.

What should you do if you are protesting?

• Be mindful of what you take with you to a protest. In the event you are arrested you do not want to risk enhanced charges by having anything illegal in your possession.
• Take your ID, as well as a phone or other means of communication.
• Notify a relative or friend that you attending the protest. It's best to check in with that person at prearranged times before and after so they know you are safe.
• If you are going as part of a group, have a prearranged meetup spot so you can make sure everyone is safe and accounted for, pre- and post-protest event.
• Write down the phone number—in permanent marker—of someone who is either (1) not at the protest, knows you're protesting, and is willing to be your point of contact in case of arrest or (2) a legal observer service.
• If you witness someone being arrested, remain at a safe and respectful distance, then ask that person to shout out their name and date of birth to you. Notify protest organizers, legal observers, or at least your emergency contact (or theirs if they have one).
• If you are being arrested, shout out your name and info to someone close by so they can notify organizers or legal observers.

 What should you avoid when protesting?

• Don't block sidewalks or traffic. This will almost always result in your arrest.
• Don't rely on "I have my emergency contact's number on my phone in case of problems." Write it on your arm in permanent marker.
• Don't get too close to or physically touch any police officer or police animals.
• If someone is being arrested—even if you feel it's unlawful—don't interfere. That person is counting on you to notify someone that they're being arrested.

 If you are planning on civil disobedience, what should your plan be if you get arrested?

• Ideally you will be in contact with a legal observer program prior to the event. But at a minimum, it's vitally important that you have an emergency contact who knows your plan and is ready to act on your behalf.

Mike Howard is a criminal defense attorney in Dallas. He can be reached at www.mikehowardlaw.com.