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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