What OH law says about rights, protests, police & phones in marches
Recent protests in Los Angeles, marked by tense standoffs between demonstrators and law enforcement and National Guard deployment have put a national spotlight on protesting in America.
Ohio hasn’t seen the same scale of unrest as LA, however, ahead of the upcoming “No Kings” demonstrations planned across the state, individuals should know the law during protests or any form of civil disobedience.
What are your rights during protests in Georgia?
The First Amendment protects your right to assemble and speak out.
The The Legal Aid Society of Ohio says 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:
- It incites violence
- It occurs on private property without permission
- It blocks building entrances, traffic or pedestrian flow without a permit
Signage and visual aids must comply with local city ordinances regarding size and placement.
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 and protocols for interacting with police during a protest
The ACLU advises protesters to remain calm, keep hands visible, and comply with officers’ instructions. You may state that you are lawfully exercising your First Amendment rights and ask for instructions on how to proceed.
You should not:
Argue with or antagonize police
Make sudden movements or hide your hands
Resist arrest or run from police
Interfere with law enforcement or grant permission for a search of your person, vehicle, or home
Forget your right to remain silent and to request an attorney if arrested
You should:
Comply with police instructions
Note badge numbers and officer names
Remember you are likely being recorded
Stay calm and respectful
Keep your hands visible at all times
Provide your name and identification if requested
Ask for a lawyer if detained
Report any police misconduct to the ACLU of Ohio
Ohio has new legislation about protesting
Ohio lawmakers have recently toughened protest-related laws, so you must know the law in order to comply.
Stricter civil and criminal penalties
Senate Bill 53 (2025, 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.”
Tips for Staying Safe During a Protest
To protect yourself and your cause:
Know the rules and obtain necessary permits for large events or those using sound equipment.
Stay peaceful and avoid blocking traffic or entrances.
Keep your face visible unless you have a specific legal exemption.
Comply with police orders and disperse promptly if instructed.
Document everything and have legal support contacts ready.
Let someone know where you are and check in regularly.
With heightened tensions and new legislation, it’s crucial to stay informed and within the law when protesting in Ohio. If you feel your rights have been violated, contact the Ohio Civil Rights Commission.
Do you have any advice or protest stories you’d like to share? Email me at srose@ledger-enquirer.com or find me on social media.
