LEGAL OBSERVERS

Witnessing Protest ߦ Documenting Incidents

VOLUNTEER TRAINING

MISSION STATEMENT

The ACLU of South Carolina is dedicated to preserving the

civil liberties enshrined in the U. S. Constitution and Bill of

Rights. Through communications, lobbying and litigation, the

ACLU of South Carolina works to preserve and enhance the

rights of all citizens of South Carolina. Foremost among

those rights are the freedom of speech and religion, the right

to equal treatment under law, and the right to privacy.

LEGAL OBSERVERS

Legal observers are individuals, usually representatives of

civilian human rights agencies, who attend public

demonstrations, protests and other activities where there is a

potential for conflict between the public or activists and the

police, security guards or other law enforcement personnel.

The purpose of legal observers is to monitor, record and

report on any unlawful or improper behavior by the police or

other government authorities.

WHAT IS A LEGAL OBSERVER?

Do’s & Don’ts

You are suspending your First Amendment rights to protect the First Amendment rights of others.

• You are not a peacekeeper

• You do not give legal advice

• You do not promise to help or intervene

with police on behalf of anyone

• You do not promise legal representation for

anyone

• Be courteous, and alert organizers or police

to any immediate problems

• Neutral, impartial

volunteers

• Silently document

• Observe police

• Witness arrests

GENERAL RULES

• STAY ALERT – In the event of an incident,

document everything the police and

protestors do and say as thoroughly as

possible. This includes notes, photos, video,

etc.

• Did the police order people to leave an area? Did

the police declare an area to be a “crime scene”

during the protest?

• Did the police have name tags? If not, did

individual officers give their name when aske?

• Did the police at any time tell you or others to

stop filming?

• YOU ARE A NEUTRAL OBSERVER –You

are not to represent or direct the

protestors, nor intervene between

participants and law enforcement. Your role

is defined in a very particular way for

important reasons, and the demonstrators

rely on you to fulfill that role.

PARTICIPATING AS AN OBSERVER

Notice of event & Day-of preparations

PROTESTS & RALLIES

• For organized protests and demonstrations,

you will receive an email asking for

assistance in your area for a certain

date/time.

• Simply respond to the email if you are

available.

• Once you have signed up, you will receive

more logistics about the event:

• Full details on date, time & location

• How many people to expect

• Whether it is a march or simply a rally (or

both)

• Make sure you check in and check out

with your Site Coordinator.

DAY OF THE EVENT

• Wear comfortable clothing & good shoes

(you may be walking several miles)

• Bring water and snacks

• Charge your phone!

• When you arrive on site, the Site

Coordinator will give you a vest, clipboard (if

necessary) and a contact sheet.

• Pay attention to counter-protestors &

anyone planning civil disobedience.

• Be objective:

• While interacting with police

• While educating protestors

• Tweet/Instagram/Facebook using hashtags &

@ mentions (Site Coordinator will provide).

WHAT DO I DO IF SOMETHING GOES

WRONG?

• Stay calm

• Contact the nearest Legal

Observer or Site Coordinator

• Contact support staff at the

ACLU of SC main office:

• 843-720-1423

• OBEY POLICE ON SITE.

WHAT IF SOMEONE APPROACHES ME WITH QUESTIONS?

• Please engage people and police about what you are doing!

• Media/press – send all media to the Site Coordinator

• People seeking legal help?

• Point them to our intake process: www.aclusc.org/en/seeking-legal-help-aclu

DOCUMENTING

Photos, videos and written notes

WHAT TO WATCH FOR

• Constitutionally protected activity

• Sidewalks, parks, plazas in front of

government buildings, protest routes

• Local ordinances may govern permit

requirements, often in relation to parades

and amplification

• Floats, banners, signs, pamphlets, etc.

• Law Enforcement

• Record police interactions on your phone

• See suspicious police practices?

• Large police presence

• Aggressive policing

• Checkpoints

• Militarized or heavily armed

• Keep a safe distance, record & report!

WHAT IF PROTESTORS ARE…?

• Arrested

• Herded, obstructed or corralled (including legal observers)

• Intimidated or subject to force

HOW TO DOCUMENT

• We must objectively and independently

describe events.

• Our job is to document police violence &

misbehavior, compile reports & serve as

witnesses if needed.

• Attorney work product of the ACLU of SC

• Notepad, plastic bags, ballpoint pen &

Sharpie

• Smart phone = contemporaneous reporting

• Time stamp

• List of media/attorney contacts

LAW ENFORCEMENT BEHAVIOR & SPECIFICS TO DOCUMENT

• Position in relation to protest

• What agencies are present? (Local? ICE? SLED? Jurisdictions?)

• Warnings given, what they said & when

• Officers’ conduct and force used

• ID information and physical description

• Badge number

• Officer name & rank

• License plates

• Types of vehicles

• Times

• Witness contact info

NONVIOLENT CIVIL DISOBEDIENCE

One has a moral responsibility to disobey unjust laws – MLK, Jr.

CIVIL DISOBEDIENCE

• Civil Disobedience, Henry David Thoreau,

1849

• Response to slavery, the Mexican-American war &

Abolitionists

The active, professed refusal to

obey certain laws, demands and

commands of a government, or of

an occupying international power.

NONVIOLENT CIVIL DISOBEDIENCE

• Intentional actions in protest can sometimes be

subject to arrest or citation:

• Blocking street traffic

• sit-ins or remaining on property after orders to

disperse (grey area)

• Resisting arrest (grey area)

• Check for related ordinances like loitering; cursing is

NOT disorderly conduct.

CRIMINAL BEHAVIOR SUBJECT TO ARREST

• Inciting a crowd to imminent violence,

property damage or other illegal activity

• Carrying weapons, bats, brass knuckles,

light sabers, etc.

• Harassing or accosting passers-by

• Destruction of property

• Wearing a mask that obscures face

HISTORIC OCCURRENCES: INSURRECTION & REBELLION

• Voter registration drives in the South – Jim Crow protests, registering people to vote, escorting people to polls;

• Stonewall Riots – June 28, 1969

• Vietnam War Protests – marches, sit-ins, draft card burning

• Conscientious Objectors, “Draft Dodgers”

• Occupy Movement

• Black Lives Matter

• Anonymous

• Women’s Marches

TACTICS

• Chalking

• Building occupations

• Flag burning or flying upside down

• Walk outs & strikes

• Non-cooperation

• Chaining to doors & gates

• Guerilla theatre

• Intentionally breaking offending law

• Seeking imprisonment

TACTICS

• Chanting, interrupting meetings & events

• Blocking traffic

• Overloading administrative systems

(paying in pennies, crowding DNS)

• Refusal to pay fees or taxes

• Marching

• Sit-ins, love-ins, pray-ins, smoke-ins

• Posters, graffiti, stickers

S.C. PROTEST STORIES

USA v. Bursey, 416 F 3d. 301 (4th Cir. 2005)

AFTER THE PROTEST

But the work is never done.

AFTER THE PROTEST

• Check in with your team before you

leave

• Return notes, materials, t-shirts, vests

etc., and get questions answered

• Determine if media or legal

representation needs to be contacted

• Be ready, willing & able to be a witness

in a possible future lawsuit.

CONTACT INFORMATION

ACLU of South Carolina

PO Box 20998

Charleston, SC 29413

843.720.1423

www.aclusc.org

Twitter.com/aclu_sc

Facebook.com/aclu.sc

Instagram/aclusc