What MS law says about rights, protests, police & phones in marches
.JPG "Know your rights ahead of protests this weekend.")
Recent protests in Los Angeles, marked by tense standoffs between demonstrators and law enforcement and National Guard deployment have put a national spotlight on protesting in America.
Mississippi hasn’t seen the same scale of unrest as LA, however, ahead of the upcoming “No Kings” demonstrations planned across the state, individuals should know the law during protests or any form of civil disobedience.
What are your rights during protests in Mississippi?
The First Amendment protects your right to assemble and speak out.
The First Amendment protects your right to assemble and speak out. The ACLU of Mississippi emphasizes that your rights to peacefully protest are protected by the U.S. Constitution, but the government can set reasonable restrictions on when, where and how people gather to protest.
Freedom of speech
You have the right to express your views through words, signs, apparel, flyers or symbolic acts. However, your speech can be restricted if:
It incites violence or crime.
It occurs on private property without permission.
It blocks sidewalks, entrances, or disrupts the flow of traffic without a permit.
Freedom to document
You can take photos and videos during a protest. Law enforcement cannot legally take your phone or camera without a warrant or your consent, nor can they force you to delete images or recordings. You may only be required to stop filming if it truly interferes with police duties.
Rules and protocols for interacting with police during a protest
The ACLU advises protesters to remain calm, keep hands visible, and comply with officers’ instructions. You may state that you are lawfully exercising your First Amendment rights and ask for guidance on how to continue doing so.
You should not:
Argue with or antagonize police
Make sudden movements or hide your hands
Resist arrest or run from police
Interfere with law enforcement or grant permission for a search
Forget your right to remain silent and to request an attorney if arrested
You should:
Comply with police instructions
Note badge numbers and officer names
Remember you are likely being recorded
Stay calm and respectful
Keep your hands visible at all times
Provide your name and identification if requested
Ask for a lawyer if detained
Report any police misconduct to the Mississippi Center for Justice
New legislation about protesting in Mississippi
Mississippi lawmakers have recently passed stricter protest-related laws, especially for demonstrations near state government buildings.
Permit requirements:
As of July 2023, Senate Bill 2343 requires protesters to go through several steps of application:
- Mandatory prior written approval from the state Department of Public Safety or the chief of Capitol Police
- Permits must be obtained for any public demonstrations
- Documentation applies to demonstrations on streets or sidewalks at the Capitol, governor’s mansion, or other state-owned buildings.
- Requests must be submitted at least 30 days in advance
Potential liability for organizers in Mississippi
A recent Fifth Circuit decision resulted in a decision that would mean protest organizers in Mississippi can be held liable for the actions of others at a protest, even if they did not directly participate in any illegal activity. This increases the legal risk for those planning or leading demonstrations.
Tips for staying safe during a protest
To protect yourself and your cause:
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
With heightened tensions and Mississippi’s new legislation, you must stay within the law and local ordinances. It pays to know the rules before you hit the streets.
Do you have any advice or protest stories you’d like to share? Email me at srose@ledger-enquirer.com or find me on social media.
This story was originally published June 11, 2025 at 5:00 AM.
