MONTPELIER, Vt. – Attorney General Charity Clark today issued a guide to help Vermonters understand their rights while engaging in protest. The guide outlines First Amendment protections in various types of public forums, individuals’ rights when interacting with law enforcement, and government restrictions permitted by law. 

“Protesting is an important and valuable part of our democracy, and I encourage Vermonters to exercise their fundamental rights, including through protest,” said Attorney General Clark. “I understand that many advocates are already well-informed and well-trained when it comes to engaging in protest. But for those who may want to participate in a protest and are unsure or unclear about what their rights are under the law, this guide is intended to provide clarity and help Vermonters understand the protections and limitations under the law.”

The First Amendment of the U.S. Constitution guarantees people broad rights to peacefully assemble in public spaces to demonstrate, protest, or otherwise speak their mind on nearly every topic. The First Amendment, and indeed the entire U.S. Constitution (and Vermont Constitution) applies to everyone, regardless of their citizenship or immigration status. The guide addresses which actions are protected under the First Amendment, and which ones are not. For example, some actions that are protected include:

• Assembling peacefully in public spaces to express your point of view; 
• Criticizing the government and government officials;  
• Expressing your views through symbolic actions, such as carrying flags, banners, or picket signs;  
• Marching safely on public roads and paths; 
• Engaging in non-threatening speech or expressive activity that others may find objectionable or even deeply offensive; and
• Photographing or recording the public actions of police officers or other government officials from a safe distance.

The guide also discusses individuals’ rights when interacting with law enforcement, such as stops, searches, and arrests. Importantly, it clarifies that federal, state, or local government officials cannot punish Vermonters for exercising their rights under the First Amendment for the reason that they disagree with their point of view. 

For those interested in learning more about their rights during encounters with federal immigration authorities, please see the Vermont Attorney General’s previously released guide: Your Rights When Encountering Immigration Officials in Vermont (June 11, 2025).

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