Know Your Protest Rights in Indiana

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• Freedom of Speech and Assembly: The First Amendment to the U.S. Constitution guarantees your right  to free speech and peaceful assembly. In Indiana, you have the right to gather in public spaces and express your views peacefully. 

• Key Point: Your protest must remain peaceful—if it turns violent or destructive, you could face legal consequences. 

•  Permits and Notifications: Depending on the type of protest and its location, you may need a permit. Protests that block streets or gather in public spaces may require approval from local authorities. 

•  Key Point: Always check with local city or county authorities about permit requirements to avoid disruptions. 

• Public vs. Private Property: You are generally allowed to protest on public property, such as streets, sidewalks, or parks. However, private property owners have the right to restrict activities on their land.

• Key Point: Respect private property. If you're protesting on private land, make sure you have permission from the property owner.

• Know Your Rights: If you are stopped by law enforcement, remain calm and know your rights. You have the right to remain silent and can ask if you are being detained or are free to leave.

• Key Point: You are not required to answer questions from law enforcement unless you are under arrest. 

• Right to Record: Indiana law allows you to record public officials, including police officers, in public spaces as long as the recording does not interfere with their duties. 

•  Key Point: Record your interaction with law enforcement for safety and documentation purposes, but do so respectfully. 

• Possible Charges and Penalties: If you do not comply with a lawful order from law enforcement (e.g., to disperse), you could be arrested for obstructing justice or related charges. 

• Key Point: Always comply with lawful orders, but know you have the right to assert your constitutional rights calmly. 

• Indiana Code on Unlawful Assembly (IC 35-44.1-2-3): Indiana law criminalizes "unlawful assembly," which can include protests that block traffic or disrupt the normal operation of public spaces. 

• Key Point: Protests that cause significant disruption can lead to arrests, so avoid blocking major roads or interfering with public safety operations. 

• "Stand Your Ground" Laws and Use of Force: While Indiana’s "Stand Your Ground" law allows for self-defense in certain circumstances, it does not apply to situations at protests unless there is an immediate threat to your safety.  

• Key Point: Always try to de-escalate conflicts and avoid physical confrontations. Self-defense is only applicable when you’re in immediate danger.

• Stay Organized: Work with other organizers to plan the protest route, ensure safety, and acquire any necessary permits or permissions. A well-organized protest is more likely to be peaceful and effective. 

• Key Point: Clear communication and a well-thought-out plan make the protest safer and more impactful.
   
• Be Visible, Not Disruptive: Create clear signs and slogans to communicate your message. Avoid blocking traffic, entrances, or essential services. Keeping the protest peaceful and orderly will help ensure it remains legal.  

•  Key Point: The goal is to raise awareness, not cause unnecessary disruption.
   
• Know How to De-escalate: If tensions rise, remain calm and avoid physical confrontations. De-escalation tactics, like keeping a peaceful tone and avoiding violent actions, are key in preventing conflicts.  

• Key Point: Non-violent communication can prevent the protest from escalating into a dangerous situation. 

• Legal Aid Organizations: There are numerous resources available for legal support if you are arrested or detained during a protest: 

• Indiana ACLU – Provides resources and legal aid for civil rights issues.

• National Lawyers Guild – Offers legal support and representation for protestors.

• Contact Information for Local Attorneys – Make sure to know the phone numbers of legal professionals who specialize in civil rights and protest law.
  

• Emergency Contacts: Keep the numbers of legal aid organizations and lawyers on hand. If you or someone you know is arrested, having emergency legal support can make a difference.
   

Understanding your protest rights is crucial for staying safe and ensuring your message is heard. By being informed, you can avoid potential legal issues and make sure your protest remains peaceful and impactful. The Hoosier Human Rights Initiative is here to help you advocate for your rights and defend the freedoms we all deserve.