Can you be arrested for protesting in Georgia? Here’s what’s illegal
Over the past six months in the Macon-Bibb area, protests have taken place surrounding the key social, political and civil issues that continue to be points of controversy nationwide. The most recent protest was last week, surrounding the issues of poor treatment and living conditions at the Bibb County jail.
Protesting has been a perennial method to both stand and speak out against actions and ideas. While each protest’s nature varies, the right to peacefully protest is protected within the First Amendment.
Despite that right, knowing safe practices during protests and which actions are legal or illegal can be the determining factor in whether someone gets fined, detained or arrested.
Safety tips
According to the National Resource Defense Center, a few sound methods to remain safe and informed during a protest are:
Research why the organizers are protesting; What are their methods? Are they organized?
Bring a trusted individual for shared safety monitoring.
Check the safety of your phone’s data accessibility.
Bring water, snacks or any important resources (pack some extras for others if you see fit).
Stay aware and vigilant of any sudden changes in the protest or of any emergencies.
Avoid provoking or instigating a crowd in the direction of violence or doing anything that may lead to a collective increase in aggression.
Do not panic or make rash decisions due to the presence of police; Know your rights at all times.
What are your rights during a protest?
While protesting, you have the right to use public properties or private properties with authorization from the owner, to exercise free speech as long as you don’t prevent the normal function of the property. Some additional First Amendment rights include:
Speaking out through counter-protests
Photographing and recording anything in plain sight
Marching in the streets or sidewalk without obstructing traffic of any kind
Protest from your own private property
More resources specifically on freedom of speech, protesting rights and rights violation procedures, visit aclu.org.
What’s considered illegal?
Violence
While it seems obvious, any person or group protesting who commits an act of violence or acts in a way that suggests violence against another person can be arrested. A few of the most common charges in Georgia for such actions would be assault, harassment or battery.
Depending on the circumstances, violence during a protest in large groups can be considered rioting or terrorism, depending on the level of violence inflicted.
Trespassing/Vandalism
Protests become unlawful when a person or group of people enters private property without authorization. Some entries from the list of places that could be trespassed upon include residential areas, store parking lots, government-affiliated buildings, homes of court officials, and more.
Similarly, defacing property during a protest is considered vandalism. Buildings, monuments, and art pieces can all be subject to vandalism and can lead to charges ranging from a misdemeanor to a felony based on intent and damage done.
Obstruction of traffic
In the same way that parades require permits to operate with permission from the city, protests may require the same permit procedures. Most times, protests on the sidewalks or in the streets do not require a permit as long as it doesn’t obstruct car or pedestrian traffic. If these requirements are violated, one would be at risk of being charged with disrupting public order and safety.
Large rallies or parades that require road blockage, closure or the presence of sound amplification devices may require a permit. However, law enforcement isn’t allowed to use the guidelines of required procedures to prevent a protest in response to breaking news events.
Looting
While theft is the act of taking any property without the owner’s knowledge, permission or consent, looting is theft that occurs during civil unrest or states of emergency. During more chaotic protests, abandoned property is prohibited from being traded, sold, damaged or destroyed at any point.
Charges for looting depend on the actions performed during the act of looting, but can be classified by the level of theft or destruction of property that occurs.
Breaking curfew
Curfews are often thought of as a method of keeping minors from being outside during unsupervised hours of the night. However, state of emergency curfews have also been used in the U.S. to help reduce the level of riots that could occur.
During these curfews, residents are not allowed to be out past certain hours or have access to certain parts of the city. Authorities have a right to disband protests for a number of safety-related reasons and can arrest those who fail to comply with lawful orders from law enforcement.
This story was originally published June 6, 2025 at 10:00 AM.