Protected Activities

Peaceful, lawful gatherings are protected under the United States and Wisconsin Constitutions.

Individuals may generally:

• Participate in peaceful protests and demonstrations
• Carry signs and express their views in nonviolent ways
• Gather and march on public property
• March safely without obstructing traffic on freeways or other dangerous roadways
• Take photos or record videos in public spaces, including public buildings and law enforcement officers, as long as they do not interfere with law enforcement activity.

Unlawful Conduct

The following prohibited actions pose a risk to public safety and therefore may lead to arrest or a citation.

Individuals cannot engage in the following behavior:

• Blocking traffic
• Walking onto the freeway
• Throwing objects or intentionally setting fires
• Damaging property
• Using or carrying weapons unlawfully
• Driving recklessly, especially on sidewalks or other areas where people may be walking
• Assaultive behavior intended to harm others
• Riotous behavior that disturbs the public peace by taking part in violent group behavior or threatening violence 

Where You Can Gather

Public Property: Property is owned by the government and belongs to the public at large. Examples may include streets, sidewalks, and public parks. 

• Permits are generally not required for small gatherings on public land, as long as they do not obstruct traffic or require use of streets or highways. 
• Large events or activities that significantly impact traffic or public safety may require a permit.
• You may only gather in areas that are open to the public. Restricted areas and employee-only spaces are not open for protests, even within public buildings.
• You may not block access to government buildings or interfere with the purposes the property was designed for.

Private property: Land, buildings, and other spaces owned by individuals, corporations, or non-governmental entities. Examples include residential homes, stores, hotels, or office buildings. 

• You must have the owner’s permission to protest on private property.
• Owners of private property can require people without permission to leave and may contact law enforcement to assist in removing them.

Plan Ahead for Safety

Before attending a protest or gathering:

• Know the location or planned march route
• Attend with others and stay together
• Choose a meeting place in case you get separated
• Share your plans with someone who is not attending
• Stay aware of your surroundings at all times
• Avoid engaging with agitators or escalating confrontations
• Memorize important phone numbers (family members or an attorney), in case you cannot access your phone
• If you observe unsafe activity, notify an event organizer

A simple decision-making tool called the “OODA Loop” may help individuals remain calm in high-stress situations:

• Observe: Monitor surroundings and identify potential risks
• Orient: Assess your location and available exits 
• Decide: Determine whether to stay, move, or leave
• Act: Take actions and reassess as things change

Personal Privacy Considerations
Police generally need a warrant to search a cell phone. Officers may not delete photos/videos or confiscate devices without a legal warrant. 

Individuals may consider taking extra steps to protect personal data, such as:

• Turning off Face ID or fingerprint unlocking
• Switching phone to airplane mode
• Turning off location services, Bluetooth, and Wi-Fi 
• Using encrypted messaging apps
   

Interacting with Law Enforcement

Law enforcement officers are responsible for maintaining public safety, not suppressing free speech. 

If interacting with law enforcement at a protest:

• Stay calm and keep your hands visible
• Do not resist or obstruct officers
• Ask if you are free to leave. If told yes, calmly walk away.

View the full Milwaukee County Sheriff's Office Policy Manual
      First Amendment Assemblies is Policy 426, starting on page 339.

Law enforcement officers may briefly detain someone if there is reasonable suspicion of criminal activity. An arrest requires probable cause.

If arrested, individuals generally:

• Have the right to remain silent
• Do not have to consent to a search of themselves or their belongings, although a search may still be conducted without consent
• May ask why they are being detained or arrested
• Have the right to request an attorney