Know Your Rights

A: Short answer: Yes! The First Amendment gives Americans the right to assemble “peaceably.” You can join marches in public places and carry signs and speak (or sing, or shout) your beliefs— even if they’re controversial. But you can’t destroy things, protest on someone’s property without their permission, hurt other people, block traffic, or block entrances to government buildings. You should also be prepared to encounter counter-protesters (who can legally be there too) or law enforcement. Clashes between police and protesters usually occur when the police think the protesters are interfering with their ability to do their jobs. If an officer orders you to do something, like to keep moving, and you disobey, you could be arrested. Keep your phone charged so that you can call a trusted adult for help. And we urge you to talk to your parent or guardian in advance about participating in the march, especially if you think there’s a chance of violence or getting arrested.

A: You’re not the first person to feel this way! In fact, in 1995 and 2002, teenagers James Acton and Lindsay Earls brought cases to the Supreme Court on this same issue, arguing that their schools’ drug testing policies were too intrusive. But the Court ruled that you can be required to take a drug test at school if you’re a member of a sports team or other extracurricular activity. So the short answer is, if you’re on the soccer team, it’s legal for your coach to ask for the test. But the fact that something is legal doesn’t mean it has to happen. There’s no law against stating your discomfort with the test or suggesting an alternative, like signing a pledge vowing to stay drug-free.

Q: My friend and I were just goofing off in front of a café when a stranger started screaming that we were making too much noise. Was it legal for me to film his meltdown?

A: Go ahead and press record. If you’re in a public place like a sidewalk (laws differ for private property), it’s OK to film whatever you can see. (Some states have laws against recording audio unless everyone who’s being recorded has agreed.) For example, 17-year-old Sierra Gilmer was at a Black Lives Matter protest when a woman started shouting racist and homophobic slurs at Sierra and her friend. She filmed the woman, the video went viral, and the woman wound up losing her job. That said, your safety should be a priority: Sierra says the woman didn’t seem to care that Sierra was recording her, but there’s always a chance someone will get violent if you film them. And while your phone’s camera can be a powerful tool for shutting down offensive behavior, that doesn’t mean you have to post what you film: Ask yourself if the good of posting the video outweighs the damage of publicly embarrassing the person. Finally, an important reminder: The law is different for private property—if you were inside the café, for example, you’d be on private property, and the owner could ask you to stop filming and leave the café.

Q: I’m totally psyched to have my driver’s license— at last!—but I’m super nervous about getting pulled over. What do I need to know?

A: Getting pulled over is a fact of (driving) life, but it’s a great idea to be prepared. If it happens, try to stay calm. Pull over to the right side of the road, turn your car off, and lower your window. Have your license, registration, and proof of insurance ready for the officer (keep your registration and insurance info in the glove compartment). If you can’t have these documents out by the time the officer gets to your window, don’t reach for them without asking permission, says Melanie Bates, a Washington, D.C.-based attorney and consultant—otherwise, the police might think you’re getting something else, like a weapon. Everyone in the car should keep their hands in full view. If you’re driving, keep your hands on the wheel, and tell the officer before moving them—say, “I’m reaching for my license now,” to avoid any misunderstandings. You can tell the officer your name, but you can also (politely) exercise your right to remain silent (see “3 Rights- Protecting Phrases”).