Unions have a long history of engaging in peaceful First Amendment-protected activities. Indeed, much of today’s First Amendment law was established as a result of union members exercising their rights to assemble and protest. The information in this document addresses lawful First Amendment-protected protest activity—not civil disobedience. Because there has been a significant uptick in government threats of reprisal against individuals who engage in First Amendment-protected protest, union leaders and staff should be prepared for the possibility of arrest even when their actions are entirely lawful.
Important: This provides general guidance only and does not constitute legal advice. Always consult legal counsel for advice specific to your situation.
Before the Event
What to Bring
Government-issued ID
Criminal attorney contact information (written on card and/or your body in permanent marker)
Essential medications in original bottles with doctor’s note
Emergency contact list (give copies to trusted colleagues not attending)
What NOT to Bring
Recreational drugs, weapons or anything that could be misconstrued as a weapon
Valuables or sensitive documents (other than your ID)
Phone Considerations
If detained or arrested, police may confiscate your phone and attempt to access your personal information and contacts. To protect your sensitive information, the safest thing is not to bring a smartphone.
But if you do:
Disable fingerprint/face unlock before events.
Use strong passwords and clear sensitive data beforehand.
Write down important numbers separately.
Safety Planning
Participate only in rallies organized by organizations you know and trust—be wary of individuals who may try to iinstigate violence or illegal activity to discredit the demonstration.
Use the buddy system and establish an exit plan.
Share your plan—where you’re going and when you expect to return—with someone not attending.
Special Risks
Noncitizens (including permanent residents) and those with criminal records face additional consequences and should carefully consider whether to participate.
During the Event
Law Enforcement Interactions
Stay calm, be respectful, keep hands visible.
Don’t argue, resist or obstruct even if you think your rights are violated.
If you are stopped by law enforcement, ask whether you are free to leave.
You don’t have to consent to searches.
Document badge numbers if safe to do so.
Safety
Don’t engage with disruptors, counterprotesters or outside agitators.
If you feel unsafe, move away or leave calmly (don’t run).
Tear gas: Move away, flush eyes with clean water.
Pepper spray: Don’t touch face, use diluted shampoo to remove oils.
If Arrested
During Arrest and Booking
Don’t resist.
Immediately stay silent—only provide basic info (name, address, birth date).
But: Inform officers of serious medical needs if applicable.
Phone Calls
Contact attorney or emergency contact.
DO NOT
Discuss your case with anyone except your attorney.
Sign anything or accept plea deals without legal representation.
Provide device passwords or waive rights.
If You Witness a Colleague’s Arrest
Stay calm; don’t interfere.
Document, if safe: name, time, location, officers’ badge numbers, circumstances. Alert union and gather witness information. Preserve evidence but don’t post identifying images.
After Arrest/Release
Seek medical attention if needed.
Write a detailed account while your memory is fresh.
Document injuries and preserve paperwork. Meet with an attorney about next steps and court dates.
Final Reminders
Prevention is best: Follow event organizer plans and instructions.
Your safety comes first: Don’t put yourself in unnecessary danger.
Know your limits: Leave if you feel unsafe.
Document violations safely: If rights are violated, record what you can in a safe manner.
Resources
ACLU Protesters’ Rights: aclu.org/know-your-rights/protesters-rights
National Lawyers Guild: nlg.org/massdefenseprogram/
Union Lawyers Alliance: ula-aflcio.org
These best practices are for lawful, peaceful protest activity. The goal is to exercise constitutional rights safely while being prepared for unexpected situations.