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Ohio rights to know before attending a ‘No Kings’ anti-Trump protest this weekend

By Sundi Rose
The “Hands Off” protest at the Ohio Statehouse in downtown Columbus.
The “Hands Off” protest at the Ohio Statehouse in downtown Columbus. David DeWitt/Ohio Capital Journal

The upcoming ‘No Kings’ protest and recent tensions between demonstrators and law enforcement have sparked a national debate over where the First Amendment’s protections begin and end.

Although Ohio has not seen the same scale of unrest as other American states, it is vital to know what the law says about peaceful protests and civil disobedience.

First Amendment

The Legal Aid Society of Ohio says, according to the First Amendment, your rights to peacefully protest are protected, but the government can set reasonable restrictions, such as permit requirements for large groups, marches that block traffic, or the use of sound amplifiers.

Freedom of speech

You have the right to express your views through words, signs, apparel, flyers or symbolic acts in public spaces like streets, sidewalks and parks.

However, according to the ACLU of Ohio, your speech could be restricted for the following reasons:

Freedom to document

You are allowed to take pictures and videos during a protest. Law enforcement cannot legally take your phone or camera without a warrant or your consent, nor can they force you to delete photographs or videos. You may only be required to stop filming if it is truly interfering with police duties.

Rules for interacting with law enforcement

The ACLU warns protesters not to argue and to “be courteous and comply with the officers’ instructions.” You may explain that you are lawfully exercising your First Amendment rights and ask for instructions about how you may continue to do so.

You should not:

  • Get smart with police officers or use bad language
  • Tell the police that you know they are wrong
  • Make sudden movements or place your hands where police officers can’t see them
  • Argue with instructions that police officers give you
  • Touch a police officer
  • Forget that you have the right to an attorney once you are placed under arrest
  • Run from the police
  • Interfere with the police
  • Grant permission for a search of your person, vehicle, office or home
  • Resist police officers ordering you to submit to a search or arrest

You should:

  • Comply with instructions from police officers
  • Remember badge numbers and names of police officers
  • Remember you are most likely on video camera, and the contents of that video can and will be used against you
  • Remain calm, cool and collected
  • Address officers respectfully
  • Keep your hands where police can see them at all times
  • Provide police officers with your name and identification if requested
  • Ask for a lawyer if you are held and questioned
  • Make a complaint about any police misconduct

You can contact the ACLU if you feel like your rights are being violated

New Ohio legislation about protesting

Ohio lawmakers have recently toughened protest-related laws, so you must know the law to comply.

Stricter civil and criminal penalties

  • Senate Bill 53 (pending): Would allow private citizens and businesses to sue protesters for damages caused during demonstrations, even if the protester was not personally responsible for the damage.
  • Critical Infrastructure Law (SB 33, 2021): Increases penalties for protests near oil, gas, electric, water and other “critical infrastructure” sites. Trespassing can be a first-degree misdemeanor; tampering can be a third-degree felony. Organizations can be fined up to 10 times the individual penalty if found complicit.
  • Senate Bill 267 (2024): New bills would bar government officials from limiting or interfering with police activity during protests, leaving decisions about arrests solely to law enforcement. This bill would also hold protesters “accountable for their actions and force them to fix or pay for damage they cause while breaking the law.”

Safety tips for protests

Protect yourself and your cause:

  • Know the rules
  • Stay peaceful
  • Avoid masks: Unless you have a specific legal exemption, keep your face visible.
  • Comply with police orders: If told to disperse, do so promptly to avoid arrest.
  • Document everything
  • Have legal support contacts ready
  • Let someone know where you are

With heightened tensions and Ohio’s new legislation, you must stay within the law and local ordinances. It pays to know the rules before you hit the streets.

Did you attend last year’s ‘No Kings’ protest? Email me your stories at srose@ledger-enquirer.com or find me on social media.

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