Student organizers and activists are a large facet of our movement-building work, as are many of our clients. This makes sense, of course—not only did most of CLDC’s staff and board earn their movement organizing chops while in college, but statistically, the years between 18 and 28 are when many people find their passion and have time and space in their lives to dedicate more fully to activism. Add to that the lifelong friends and lovers you strongly bond with while working on an intense campaign at that age, and voila—the future of environmental and social justice movements is rooted in this demographic.

As students head back to campuses this fall, we wanted to dedicate this week’s blog to some tips and traps from CLDC’s vantage point at the intersections of the law and movement organizing among and between several different movement spaces.

1. I’ve said it before and I’ll say it again, Know Thy History or You Are Bound to Repeat It

This does not mean “repeat what we did back in the 90’s.” Quite the contrary. We urgently (like, yesterday) need to come up with new, strategic, dynamic ideas to save the world and all living things. The State knows what we did in the 90’s; those tactics have been exposed and integrated into the institutional knowledge of the government (just do a public records request about something in that time period if you don’t believe me). And although we did manage some pretty big wins, we also suffered losses. No need to overly romanticize the activism of prior generations, but there are important lessons to learn that will make you better, stronger, and more resilient in the face of ever-increasing state repression. As you get serious about organizing and activism, reach out to other generations — ask for book recommendations, jump on a phone call, or set up time to interview us. We won’t bite, we may ramble, and we will likely connect you to others who may not only have knowledge to share, but might also become integral parts of your long-term support networks.

2. Know Your Fundamental Rights and Risks When Engaging in Political Activism

Some basic legal information used to be taught in high school civics classes, that is intentionally being erased from our allegedly democratic society. Since the State does not want us to know this information, it makes it all the more imperative that you learn it, know it, and teach others often. Such information covers questions such as: When do you have to answer a question from a cop? Under what circumstances can a cop detain or arrest you? What are the laws or prohibitions that may impact your choice of strategies and tactics? Many statutes, ordinances, and court opinions are state- or even city-specific, so you need to know what the legal landmines are where you are engaging. For instance, in Oregon, only the driver of a vehicle or a person consuming alcohol must provide their driver’s license or a picture ID to a cop if they are being detained; other states have different laws governing this. In some cities, it is currently illegal to wear a mask, or to protest in a residential area; some states have created more serious trespass laws if you are near pipelines or train tracks. It’s up to organizers to do the necessary research to understand what they are getting into before they jump in. We want to make sure people are consenting to the risks they are willing and able to take for a cause. If people are thrown into the deep end without their knowledge and consent, we lose participants over the longer arc, and oftentimes, unprepared activists can end up cooperating with the State, to the detriment of the movement or community.

3. Know the Risks & Potential Consequences of Campus Activism

**Know how to look up the rules and processes that pertain to YOUR college or university—they are often found in your STUDENT HANDBOOK. The vague semblance of due process afforded to students varies greatly as to your rights, timing, hearings, punishment, etc. More often than not, students do not have legal counsel to assist when they are forced to engage in disciplinary proceedings. For example:

A. Know Your Rights to Assemble & Hold Protests:

1) Students at public schools will have more First Amendment protections (1A) vs. private schools.

2) High school or K-12 students may have more limited rights, particularly regarding assembly and speech rights on campus.

3) Depending on where, when, and how you protest, even public universities can set some reasonable, narrowly-tailored limits on your protest, but they cannot limit the views you express.

B. Rights to Free Speech:

In public schools, you generally have the right to speak out so long as you do not substantially or materially disrupt school operations. Some things that could be considered substantial or material disruptions are: blocking entrances and exits; disrupting studies by leaving or making noise sufficient to interrupt a class; climbing on or defacing school structures and property; hate speech & bullying; threats of violence; or breaking laws.

At public schools, censorship or prohibitions on speech must be “content neutral,” meaning authorities cannot normally pick one side and prohibit the other. For example, “all signs over 12 inches are banned” might be content neutral, but “all signs in support of Palestine are banned” would be unconstitutional, because it is biased toward one point of view.

Even private schools may provide protections for speech. To see how a particular campus ranks regarding respect for student free speech rights, check out FIRE: https://rankings.thefire.org/rank. This org has lots of great information and resources for campus organizers to check out!

4. What forms of protest are not protected?

The First Amendment does not protect unlawful conduct. If, while protesting, you engage in conduct that violates the law — such as blocking roads or entrances, trespassing (not leaving when told to leave), vandalism or property damage, or underage drinking — you can face arrest and/or campus disciplinary proceedings. Other unprotected conduct (including speech) that can lead to arrest or disciplinary action includes:

• True threats and intimidation
• Defamation (libel or slander)
• Incitement
• Discriminatory harassment
• Substantially disrupting events or deplatforming speakers

5. Consequences of Campus Protest in a Nutshell

A. Campus discipline, suspension, expulsion:

This varies greatly, but can have serious consequences on your education, financial aid, housing, and other aspects of your life.

B. State or local criminal arrest, prosecution, conviction:

Getting arrested, whether on purpose or not, is a major commitment. If you are charged with a crime, you may have pretrial conditions that restrict your ability to continue to organize or risk arrest while your case is pending (this includes travel restrictions); your criminal case may take months or a year to fully resolve; you will be required to show up for multiple court appearances and multiple meetings or phone calls with your lawyer. If you are convicted of a crime, or you resolve your case through some kind of diversion agreement, you will have further restrictions on your right to continue protesting while you are on diversion or probation. You could have to serve time in jail, pay fines, pay restitution, or other potential sanctions. You may end up with a conviction on your record which could have other collateral consequences including professional licensing, immigration, job offers, etc. Often you can “expunge” your record after a certain time has passed, erasing the arrest and/or conviction from your record.

6. Before Engaging with the Legal System, Consider:

• Court Probation or restrictions from diversion or deferred prosecution agreements
• Impacts to future educational programs and certain jobs (law schools, licensing, certifications, etc.)
• Immigration issues
• Housing implications
• Travel restrictions

7. Digital Security & Awareness

Our cellphones hold tons of contacts, photos and videos, chat communications, and chat groups, as well as web search history, which of course can be private and very problematic if in the hands of our adversaries. They are also GPS tracking devices that monitor when and where you go. CLDC has numerous Digital Security trainings, regularly updated. We also have these resources on cellphone and digital security to print out and distribute widely. And we also sell reliable Faraday bags that prevent your cellphone from being tracked while it is sealed inside the bag.

This short article is not meant to be a substitute for legal advice or a solid Know Your Rights & Risks training. Reach out to us if you would like help ensuring your campus community has movement-aligned legal support in advance of action. CLDC has many KYR webinars in our library to check out too!