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FBI Asks For Evidence of Individuals Inciting Violence During Protests, People Respond With Footage Of Police Violence

The First Amendment gives Americans the right to assemble peacefully and air their views. And the FBI “respects the rights of individuals to peacefully exercise their First Amendment rights,” as stated in its press release published on the 1st of June.

But in the wake of Mr. George Floyd’s death, on many occasions, peaceful protesters have been met by disproportionately brute force. And when the FBI asked to share digital evidence of violent individuals, people responded with countless examples showing police officers using hostile force.

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It’s not the first time that the FBI has put out a nationwide call for pictures and videos that could help to identify people “actively instigating violence.” The strategy has been used during melees that followed Lakers victories in downtown Los Angeles and others cities like Baltimore.

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It’s always good to know your rights before going to a protest to avoid any possible misunderstanding. The government can’t stop you from peacefully protesting, but it can restrict the time, place, and manner of the protest. However, the content itself can never be a reason to block the protest.

When it comes to taking photos and videos at the protest, as long as it’s a public space, you’re free to do so. Emerson Sykes, a staff attorney with the ACLU’s Speech, Technology and Privacy Project, who studies free speech protections under the First Amendment, told Mercury News that you have the right to take photos and videos of what’s happening at a protest in a public place. You are able to record police, too.

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But Sykes has warned that “Different states have different rules about audio recording and sharing that without the consent of the people whose voices you recorded.” Having said that, the visual portion of the material is always protected by the First Amendment.

He also said that “Police can’t ask you to give them your phone or forcibly confiscate it without a search warrant.”

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