Feb 15, 2017

Your Rights to Demonstrating in New York City

Updated 2024

New Yorkers have the constitutional right to engage in peaceful protest activity on public sidewalks and streets, and in public parks. This includes the right to distribute flyers or leaflets; the right to hold press conferences, demonstrations, and rallies; and the right to march on public sidewalks and in public streets.

At the same time, the City of New York imposes restrictions, and sometimes requires a permit, for some types of marches and the use of amplified sound.

This KYR is not a replacement for legal advice.

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Black Lives Matter protestors demonstrating. — Credit: Marcela/PxHere

Permits

Protests/Demonstrations Without a Permit:

Non-permitted demonstrations are an essential part of protest.

You do not need a permit to:

Hold signs or distribute flyers or leaflets on a public sidewalk or in a public park.
Hold a demonstration, rally, or press conference on a public sidewalk, where foot traffic is not substantially impeded.
March on a public sidewalk without amplified sound.
Film protest or police activity if you maintain enough distance not to interfere with police activity. Police officers may not delete data under any circumstances and may not take or demand to view your photographs or video without a warrant. New York State’s Right to Record Act.

Demonstrations on Public Streets and Sidewalks

Demonstrations, Marches, and Parades in a Public Street Without a Permit

You may be able to march, protest, demonstrate, or hold a rally in a public street without a permit when marchers do not obstruct car traffic. If you do not have a permit, police can ask you to move to the side of a street to let others pass for safety reasons.

The City requires permits for certain demonstrations, marches, and parades in a public street:

You may need a permit to march in the streets. The NYPD rules generally require a “parade” permit from the NYPD when the march or parade will block traffic or require a street closure. You can either apply for a parade permit on the NYPD website through the E-Apply system or by completing an application at the precinct where the march will begin.
As a general practice, NYPD will issue “parade” permits for marches in the street only when the number of people would make it unsafe for them to march on the sidewalk.
A practical tip when applying for a permit: It is best to apply for permits as early as possible. Be persistent, keep copies of all paperwork, and record the names of the public officials you talk to.

Bicycles and Vehicles:

You are entitled to drive or ride as a group on a public street. The NYPD Rules require you to have a parade permit from the NYPD if you have 50 or more vehicles or bicycles in the procession. Permit applications are handled the same way as applications for street marches, as described above.

Demonstrations, Marches, and Rallies on Public Sidewalks Without a Permit

You cannot block building entrances or prevent pedestrians from passing on a sidewalk. You should leave at least one-half of the sidewalk free.
You may distribute flyers to pedestrians but should generally avoid handing them to people in vehicles in traffic.

Policing Protest

Non-Discriminatory Policing

NYPD may not police protests differently based on the message of the protest, or the race or ethnicity of the participants.

Police Surveillance of Political Demonstrations and Protests

Click here to learn about the long established limits on the NYPD’s ability to conduct police surveillance of political protests due to the NYCLU’s 1971 still active lawsuit — Handschu v. Special Services Division.

Police Dispersal Orders

Shutting down a protest through a dispersal order should be a law enforcement agency’s last resort. 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.
NYPD dispersal orders must be loud enough for the entire crowd to hear and must clearly identify exit points and direct protesters to where they may lawfully protest.

Sound & Signs

Amplified Sound

The City rules require a Sound Device Permit to use amplified sound in a public place. You can download a sound permit application. You can also get an application from the precinct where the event will take place.

Signs

You may use signs at your event, as long as they are not attached to wooden sticks or plastic or metal poles. Signs cannot be attached to public property, such as trees, light posts, or police barriers.

City Property

City Parks

You are entitled to hand out materials or have a rally, press conference, or demonstration in a city park.
If the event will include more than 20 participants, you must obtain a Parks demonstration permit from the New York City Parks Department. You can apply online at the Park Department’s website.
You may use amplified sound at an event in a city park. As with amplified sound in other public places, you must get a permit from the NYPD. The NYPD will typically not issue a sound permit until you also get your Parks Special Event Permit.

Events in Front of City Hall

You are entitled to have a rally, press conference, or demonstration on the steps of City Hall or in the plaza directly in front of the steps with appropriate permitting.
City rules provide that events with 300 or more people or that will last more than three hours may not be held on the steps of City Hall. Those seeking permits for such events will be directed to obtain a permit for City Hall Park or another comparable area through the Department of Parks and Recreation.
City Hall Park also is open for such events, as long as they follow the normal rules for parks events.

Pedestrian Plaza Permit Requirements

The NYC Mayor’s Office of Event Coordination requires permits for rallies or demonstrations that use over half of a pedestrian plaza. Here is the link to apply for a permit application.

Practical Tips: What else should I know?

In many instances, groups holding events on public property in New York City – with or without a permit – will be contacted by the police so they can plan for the event. The NYPD can ask for information, but you are not obligated to provide it.
Proceed with caution when deciding whether to participate in a protest/demonstration if you feel that you are vulnerable to law enforcement taking action against you.
Protect Your Digital Security: Because mobile phones can be used by police to try to incriminate you, we suggest that you: disable face/fingerprint unlock on your phone. You have a right to refuse to consent to a search of your device and to refuse to unlock your device for the police.
Memorize important telephone numbers. If you get arrested, you may not have access to your phone. You may want to memorize the National Lawyers Guild telephone number (212-679-5100) if you get arrested.
You should comply with police orders. Later, you can contact the NYCLU about challenging a violation of your First Amendment rights.