We’re just a few months into 2026, and it’s already safe to say — this has been a big year for protests.
Earlier this year, two people, Alex Pretti and Renee Good, were killed while protesting immigration actions by the Trump administration in Minnesota. Demonstrations mobilized hundreds of thousands of people across the U.S.
It’s hard to know how many were arrested nationwide because records are kept by different law enforcement departments at the local, state and federal levels. However, it’s safe to say hundreds.
The right to peacefully assemble is part of the First Amendment of the U.S. Constitution. Those protests showed it’s not that simple in practice.
Vera Eidelman is a senior staff attorney with the American Civil Liberty Union's Speech, Privacy, and Technology Project.
“So protests, demonstrations, rallies, marches, just getting together with people to think through things, express things, brainstorm, could all be covered by peaceful assembly,” Eidelman said.
However, there’s a lot at play during protests. One agitator can make things dangerous, and law enforcement must react quickly with limited information and time. Those decisions made by participants and police — good and bad — can change everything.
The government is at its lowest level of power to regulate protests in public places. Sometimes, permits are required if the crowd size is large or traffic could be obstructed.
Permits can’t be denied based on the reason for the protest, and they can’t be broken up for ideological reasons.
And if police see a problem, shutting down the protest has to be the last resort. They have to try to deal with the problem in a targeted way first.
“So if one person is creating a danger or violating the law at a protest, police may well have the ability to stop that person, but they generally can't go after the entire gathering on that basis alone,” Eidelman said. “Any response has to be tailored and give space for expression to the maximum extent possible.”
However, that’s not always what happens. And Eidelman said that has to be factored in when people decide whether or not to exercise their right to peacefully assemble.
“The government should be following the law. It's also true that government actors don't always do that,” Eidelman said. “So people, I think, should be thoughtful about their own particular realities and what risks they're able to take on and recognize that rights might be vindicated at the end of the day. Rights might be protected the whole time through. But there may be risks that are present.”
If people are scared to protest, that means they can’t fully enjoy their First Amendment rights. Eidelman calls it a “chill.”
“I think there are also situations in which we very fairly feel afraid to express ourselves,” Eidelman said. “And that won't necessarily mean that we can bring a First Amendment challenge. It does still mean, I think, that the government is going against the point of a lot of our freedoms and is violating our norms, and I think it's shameful, even if it's not necessarily always legally actionable.”
The next major national protest is expected on May 1 for May Day.
