Protest Laws in California: What You Need to Know Before You Join a Protest

June 12, 2025 | Nafiz M. Ahmed

Exercising your First Amendment rights by participating in a protest is a powerful way to express your voice and demand change. However, while the U.S. Constitution protects your right to free speech and peaceful assembly, there are still laws and regulations you should be aware of, especially in a state like California.

Understanding your legal rights and responsibilities can help ensure your safety and minimize your risk of arrest or legal trouble. Here’s what you need to know before you head out to a protest in California.

Your Right to Protest Is Protected—With Limits

Under both the U.S. Constitution and California law, individuals have the right to gather and express opinions through protest, demonstration, or assembly. These rights are protected under the First Amendment and Article I, Section 2 of the California Constitution.

However, these rights are not absolute. You must still comply with “time, place, and manner” restrictions. For example, you can’t block traffic without a permit or protest on private property without permission. Authorities can impose restrictions to maintain public order, but they cannot single out protests based on their content or viewpoint.

Do You Need a Permit to Protest?

In California, whether or not you need a permit depends on how and where you plan to protest.

Permits are typically required for protests that involve:

Street closures or blocking intersections
Use of amplified sound (e.g., microphones, bullhorns)
Large public gatherings in parks or government plazas

You do not need a permit to march on sidewalks—as long as you don’t block pedestrian traffic—or gather in small groups in public spaces like parks or courthouses It’s always a good idea to check with local authorities—usually the city’s police or public works department—before organizing or attending a large protest.

Know the Difference Between Peaceful and Unlawful Assembly

California law distinguishes between peaceful protest and unlawful assembly. Under Penal Code § 407, an unlawful assembly occurs when two or more people gather to commit a criminal act or engage in violent or boisterous behavior that threatens public peace.

Even if a protest starts peacefully, it can be declared unlawful by law enforcement if:

Violence breaks out
Property is damaged
The crowd refuses to disperse after a lawful order

If officers issue a dispersal order, you are legally required to leave the area. Refusing to do so can lead to arrest for failure to disperse.

While most protests remain peaceful, arrests do happen.

Some of the most common charges include:

Unlawful assembly
Failure to disperse
Resisting arrest or delaying an officer
Vandalism or property damage
Trespassing

If you’re arrested, remain calm, exercise your right to remain silent, and request an attorney.

What Should You Bring to a Protest?

Being prepared can help protect your rights and your safety.

Here’s a checklist of the essentials:

Valid ID
Phone with a full battery
Water, snacks, and personal medications
Phone number of a trusted criminal defense lawyer

Avoid bringing anything that could be perceived as a weapon, including sharp objects, metal water bottles, or tools. These can be used to justify a weapons charge.

Your Rights If You’re Stopped or Arrested

If approached by police, remember these rights:

You do not have to answer questions beyond identifying yourself.
You can record police interactions in public spaces, but don’t interfere with their duties.
You have the right to remain silent and the right to an attorney if arrested.
Do not consent to searches, even if you’re not hiding anything.

Stay respectful, but assert your rights calmly. If you’re arrested, ask for legal representation immediately.

What About Curfews and Emergency Orders?

During periods of civil unrest, California cities may impose curfews or emergency ordinances. Violating curfews—often enforced after dark—can lead to citations or arrests, even for peaceful protesters.

Keep up with local news and official city communications before attending a protest, especially during times of heightened tension.

Protect Yourself By Knowing Your Rights

Protesting is a vital part of democracy, and California provides strong legal protections for peaceful assembly. But knowing the boundaries of your rights—and how to respond if they’re violated—can make a big difference in your safety and legal outcome.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

If you or someone you know is arrested or faces legal trouble related to protesting, consult with an experienced criminal defense attorney as soon as possible. For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500