Throughout history nonviolent protest has been effective in ushering in change. From ancient labor strikes in Egypt to Mahatma Gandhi in India and Martin Luther King Jr. in the U.S., we have records of political change brought about through nonviolent advocacy.
Recently the League of Women Voters of Illinois has encouraged members’ participation in nonviolent protests such as the No Kings series, the next will be on March 28. To help us prepare for our participation, they invited us to attend a virtual training on how to effectively, safely and legally record and document law enforcement encounters.
In the recent protests against aggressive ICE/CBP activity, cellphone recordings have become an important tool that's both nonviolent and active.
Presenters emphasized there is a Constitutional right to document and record actions of law enforcement agents in public places, but the person recording must be certain not to interfere with enforcement activities. Being in close proximity to law enforcement agents can be interpreted as interference, so presenters indicated that recordings should be done from a distance that requires an agent to walk toward the person recording. They also noted that phones cannot be confiscated without a judicial warrant.
Best practices for recordings include capturing identifying details of the agent being recorded such as the name, badge number, uniform, vehicle identification and weapons. They also recommended showing physical context such as street signs; making a backup copy of the recording; assuring no editing is made to the recording; and sharing footage with other relevant parties, such as legal observers, an attorney, local ACLU and local law enforcement.
Additional information on peaceful and effective protest is available at ACLU tool kit.
It’s important to note that a core principle behind all No Kings events is "a commitment to nonviolent action. We expect all participants to seek to de-escalate any potential confrontation with those who disagree with our values and to act lawfully at these events. Weapons of any kind, including those legally permitted, should not be brought to events.” (
nokings.org)
Therefore, properly employed, cell phone recordings can become a highly effective tool in nonviolent protest.
An article in next month’s The Voter will go into more detail on the League of Women Voters guidelines for members’ participation in protests.