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

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

First Amendment

Georgia Legal Aid says, according to the First Amendment of the US Constitution, your rights to peacefully protest in Georgia are protected by the state Constitution, but “the government can generally set reasonable restrictions on when, where and how people gather to protest.”

Freedom of speech

You have the right to speak your views or opinions through words, signs, apparel, flyers or symbolic acts.

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

• It threatens violence or incites others to commit crimes
• It’s on private property
• Signage and visual aids must meet the city’s guidance on size, type and use

Freedom to document

You are able to take pictures and videos during a protest and the police are bound by the following guidelines, says Georgia Legal Aid:

• Law enforcement may not legally take your phone or camera without a warrant or consent
• Police may not force you to delete photographs or videos
• You may be forced to stop only if filming or photographing is truly interfering with law enforcement’s job

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 Georgia legislation about protesting

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

Anti-mask laws

Passed in 2022, Georgia Code § 16-11-38 makes it illegal to wear masks or hoods that conceal your identity during public demonstrations

Also called Georgia’s Anti-Mask Act, “a person is guilty of a misdemeanor when he or she “wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity.”

Stricter bail requirements

In 2024, Senate Bill 63 made it harder for those arrested at protests to get released before trial if they can’t afford cash bail. The ACLU argues this creates a two-tiered system where wealth determines your freedom, and lawsuits are ongoing to challenge the law.

This bill:

• Expands mandatory cash bail
• Removes judicial discretion
• Restricts charitable bail

Safety tips for protests

To 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 Georgia’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.

This story was originally published October 15, 2025 at 6:00 AM.