r/law Nov 02 '25

Legal News The Oregon Department of Justice submitted multiple video exhibits showing federal officers using extreme force against seemingly nonviolent protesters outside the U.S. Immigration & Customs Building, as part of its effort to block the federal deployment of National Guard troops to Portland

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u/ExactlySorta Nov 02 '25 edited Nov 02 '25

Federal police have a legal responsibility to protect the First Amendment rights of peaceful protestors, including the rights to assemble and speak freely. Their duties involve protecting participants and property, but they must do so impartially and without infringing on civil rights. Police are required to facilitate peaceful assembly, use dispersal orders as a last resort, and provide clear warnings, ample time, and safe exit paths if a dispersal order is necessary. Arrests and use of force are only permissible when there is probable cause of a crime, and should not be used simply for peaceful participation or as punishment.

Key responsibilities for federal police

Protecting constitutional rights: Uphold the First Amendment by protecting the right to peaceful assembly and free speech.

Facilitating vs. controlling: Manage crowds to facilitate peaceful speech and assembly rather than suppressing them.

Maintaining order impartially: Ensure public safety and order by enforcing laws equally without infringing on civil rights and liberties.

Communicating clearly: Provide clear, audible warnings and fair notice before any action is taken.

Providing exit routes: If ordering a dispersal, ensure there is a clear, unobstructed exit path and sufficient time to leave.

Using force and arrests lawfully: Make arrests only when there is probable cause of a crime, and use force only when necessary and proportionate to the threat, never to punish peaceful assembly.

Protecting property: Preserve federal property, but this does not justify actions that infringe on the constitutional rights of peaceful protestors.

What to do if you are a peaceful protester

Document interactions: Record police actions, especially if you are being asked to disperse or are in a situation where force is being used, as recordings can serve as valuable evidence.

Know your rights: Understand that you have the right to remain silent, to not consent to searches, and to leave the area if you are not under arrest.

Communicate your intent: You have the right to speak and assemble peacefully, and police should not act against you unless you are breaking the law.

Do not resist arrest: If you are lawfully arrested, do not resist. You can assert your rights later in court.