The past month has been extremely fragile for the social fabric of America. Protests related to the Dakota Access Pipeline and President-Elect Donald Trump have sent thousands of people onto the streets- and into the jail cell. We have the Constitution defending our 1st Amendment Right, so why are protesters routinely arrested? This question burns slowly in the back of every American’s heart and mind.

Dakota Access Pipeline Protesters

Many people continue to be arrested at the Dakota Access Pipeline protests. Law enforcement recently arrested 16 people a day after they clashed with the police. Hundreds of people were fire-hosed, despite the below-freezing temperatures. Morton County Sheriff’s Department labels the protest as a riot, showing protesters setting fires.

This, however, doesn’t mean they will be indicted. A felony charge against 139 of the protesters was recently dropped by the District Judge.

Last October, 139 were charged with a felony count of conspiracy to endanger by fire or explosion and two misdemeanor counts. For the felony charge, prosecutors claimed that some form of informal agreement was made by the accused to set fires throughout the day, putting local state officials and the natural surroundings at risk.

South Central District Judge Cynthia Feland said that the affidavit against the protesters did not name who planned this crime, how and when the crime was committed, or even when the agreement was made.

While the felony charge was thrown out, protesters continue to be charged with misdemeanor counts of engaging in a riot and maintaining a public nuisance.

Donald Trump Protesters

Portland, Oregon has seen one of the more intense protests throughout the country. Protesters of all ages have continually marched on the Portland streets in response to Trump’s election as the country’s 45th president. Police have arrested more than 100 people after some of the demonstrations turned violent.

Protesters blocked downtown streets and bridges in Portland as officers put 3 of the demonstration’s leaders in handcuffs. The leaders of the protest: McKelvey, Rhodes and Stevens- face misdemeanor disorderly conduct, according to Portland Police.

The Police Department said officers “observed McKelvey and Rhodes actively encouraging and directing student protesters to counter lawful police orders.” Stevens was arrested “after she attempted to interfere with McKelvey’s arrest.”

Blocking streets, highways, and bridges have been popular areas for the protests to form and gather.

State Sen. Doug Ericksen, R-Ferndale, is preparing a bill that would create a new charge for the crime of “economic terrorism” that would allow felony prosecution of protesters who block streets, cause property damage, threaten jobs and put public safety at risk.

Ericksen said the bill, which is being written for January’s legislative session, would allow felony prosecution “of those who intentionally break the law in an attempt to intimidate or coerce private citizens or the government by obstructing economic activity.”

Ericksen said the penalties would also apply “to those who fund, organize, sponsor or otherwise encourage others to commit acts of economic terrorism. Accomplices may be required to pay restitution up to triple the amount of economic damage.”

Doug Honig, of the ACLU of Washington, said in reaction: “The statement throws out a lot of broad rhetoric, and we’ll need to see an actual bill. But we’re already concerned that some of its loose terms appear to be targeting civil disobedience as ‘terrorism.’ That’s the kind of excessive approach to peaceful protest that our country and state do not need.”

Top 3 Things People Get Arrested For At A Protest

1.) Stepping into the street without a permit

2.) Damaging Public or Private Property

3.) Not following reasonable orders

Time, Place, and Manner

This is perhaps the most important thing to consider when protesting. Even though protesters are protected by the 1st Amendment, it is not absolute. The government can make calls about the time, place, and manner of a protest. Basically, this rule means that a certain amount of inconvenience can be made for the 1st Amendment up to a point. That breaking point comes when it starts to get disrupting: blocking ordinary uses of the area, blocking traffic, unreasonable noise etc. That is why you see a lot of protesters arrested on charges of disorderly conduct.

Your Rights As A Protester

Follow these extremely helpful links to learn more about your rights.

Paper: WHAT TO EXPECT WHEN YOU’RE EXPECTING TO GET ARRESTED AT A PROTEST

ACLU: KNOW YOUR RIGHTS: WHAT TO DO IF YOUR RIGHTS ARE VIOLATED AT A DEMONSTRATION OR PROTEST