SC rights to know before attending ‘No Kings’ anti-Trump protest this weekend
Recent tensions between demonstrators and law enforcement across the nation have sparked concern over where the First Amendment’s protections begin and end.
With the next wave of “No Kings” protest coming to cities around the Palmetto State on Oct. 18, it’s vital to know what the law says about protesters’ rights and what attendees should keep in mind.
For a full list of upcoming protest locations in South Carolina, click here.
Here’s what folks should know before attending protests this weekend:
First Amendment
The American Civil Liberties Union of South Carolina states that the “First Amendment exists to protect speech, even the most offensive and controversial, from government suppression.”
Controversial speech cannot be restricted, but officials can impose restrictions, such as requiring permits for large groups or limiting the volume of amplifiers. However, these and other restrictions must apply to all speech, regardless of viewpoint.
Freedom of speech
You have the right to speak your views or opinions through words, signs, apparel, flyers, or symbolic acts. The ACLU states that all types of expression are constitutionally protected in traditional “public forums” such as streets, sidewalks and parks.
The First Amendment protects your right to assemble and express your views through protest. However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights.
Your free speech could be restricted for the following reasons:
Freedom to document
When you are lawfully present in any public space, you have the right to photograph anything in plain view.
Meaning that you can take pictures and videos during a protest in a public space, and the police are bound by the following guidelines, according to the ACLU:
- 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.
If you are videotaping, it’s worth noting that there is a difference between a visual photographic record, which is fully protected according to the ACLU, and the audio portion of a videotape.
South Carolina is a one-party consent state, meaning audio recording is legal so long as one party consents, which can be yourself. That one party must be an active participant in the conversation.
The one limitation to capturing photos and videos is on private property, where the owner may set certain rules.
Interacting with law enforcement
The ACLU warns protesters not to argue and to “be courteous and comply with the officers’ instructions.”
When interacting with law enforcement officers, protesters should:
- Stay calm.
- Keep your hands visible.
- State that you are not disrupting anyone else’s activity and that the First Amendment protects your actions.
- Ask if you are free to leave. If the officer says yes, calmly walk away.
- If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately.
- You have the right to make a local phone call, and if you’re calling your lawyer, the police are not allowed to listen.
- You never have to consent to a search of yourself or your belongings.
- Police may “pat down” your clothing if they suspect you have a weapon, and may search you after an arrest.
Protesters should not:
- Argue, resist or obstruct the police, even if you believe they are violating your rights.
- Say anything or sign anything without a lawyer.
If you believe your rights have been violated, you should:
- Write down everything you remember, including the officers’ names, patrol car numbers and the agency they work for.
- Get contact information for witnesses.
- Take photographs of any injuries.
You can contact the ACLU if you feel like your rights are being violated.
What to do if the police issue an order to disperse the protest
The ACLU says that shutting down a protest through a dispersal order must be law enforcement’s last resort and that these steps should be followed:
- Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.
- Officers must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
- Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse and what clear exit route they can follow, before they may be arrested or charged with any crime.
South Carolina legislation for protesters to know
Under South Carolina Code Section 16-7-110, it is illegal for individuals over the age of 16 to wear masks or face coverings in public spaces that conceal their identity. This includes streets, public property, and even private property during demonstrations — unless written permission is obtained from both the property owner and occupant.
This law was enacted in 1962 to curb Ku Klux Klan activity and stop members from hiding their identities during acts of intimidation and violence.
In 2020, during the height of the COVID-19 pandemic, Attorney General Alan Wilson clarified that the statute does not apply when individuals are wearing masks to comply with health ordinances.
However, in protest situations, local law enforcement agencies have stated they enforce the anti-mask law as written. Four protesters in Beaufort County were arrested for wearing masks at the previous “No Kings” protest on June 14.
Ahead of the previous June 14 protests, Wilson issued a statement warning that the following actions could also lead to arrest and prosecution:
- Attack law enforcement
- Destroy public or private property
- Endanger the lives of others
Other safety tips to keep in mind include:
- 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
“No Kings” states on its webpage that each event is “a peaceful movement” and that “all No Kings events are committed to nonviolent action.”
For a complete list of locations or for more information, visit NoKings.org.
This story was originally published October 16, 2025 at 6:00 AM.
