Defining Terms

Both protests and civil disobedience (“c.d.”) involve people getting together in public to express an opinion about something. “Protest” is used here to mean an event at which people obey whatever laws a city or a campus might have for demonstrations. For example, most places have laws about obstructing sidewalks or getting permits. “C.D.” is used to mean events at which people disregard those laws, or others.

Do Protests and Disobedience Do Any Good?

Every movement for change seems to have a raging debate about whether protests and civil disobedience are useful or are counterproductive.

In both Connecticut and Massachusetts, some lesbians and gay man grew upset at how slow the legislative process was, broke away from lobbying groups, and began to use more confrontational tactics. Those who stayed lobbying inside say the confrontation tactics made the process take longer. The protestors say the bills would still be in committee if they hadn’t begun visible public protests.      

People who are against protest and c.d. say that most of the time, they persuade no one and alienate some. They also point out that protests take considerable effort, which they think could be better spent working inside the political process.

People who favor protest and c.d. say these street tactics can get public attention for your issue, public attention which in turn brings the attention of policy makers. They also argue that street protest sometimes makes people working inside the process look more like moderates, i.e. people who share a basic commitment to working in the system with the policy makers that they are trying to persuade.

As usual, there is some truth in both views. Some protests surely do alienate people who might otherwise support your proposal.

On the other hand, we should have learned from the protests over the war in Viet Nam that protests can make both voters and policy makers pay attention.

Many people thought the tactics which ACT-UP used to protest how long it took to get new drugs were counterproductive. Those tactics included disrupting public meetings by cat-calling, and having protestors burst into private meetings and chain themselves to furniture. Few today would say ACT-UP was not an important part of speeding up the drug approval process.      

You may not have a choice about whether protest will be a part of your campaign. Some people may decide to do it even if the campaign organization does not want it. Then, you have to decide if you will work with the protestors.

If you think protest should be a part of your campaign, or if you think it is unavoidable, you should plan to make the most of it. Decide what kinds of protest will have the greatest favorable impact, and by try to persuade people to do these things and avoid things you think could truly hurt.

Getting Noticed

Protests usually need to be noticed to have much effect. You need to get the word out, to the media and to your supporters. But simply scheduling a protest and telling the media won’t guarantee coverage. Holding a protest in a busy part of town where a lot of people will see it often helps. Holding a protest at the same time as another event which is tied to your issue and is likely to get media attention is an even better idea.

Clever protests, especially ones that illustrate one of the problems you are trying to get at or one of your arguments, are more likely to get attention.

Focusing on Individual Board Members

Protests aimed at individual members of the board can be effective in some situations. Focused protests can often get you meetings with members who are not die-hard opponents, but who are avoiding you because they do not want to deal with the issue. The best tactic here may be low-key persistence. If you have nonviolent picketers at as many of the members’ public appearances as you can, if you make sure that the member is asked about the bill at every meeting which allows public questions, there is a good chance the member will decide that it is easier to deal with you than it is to ignore you.

“Politicians hate confrontation and will go to great lengths to avoid it,” says one New York activist who once worked for the city’s mayor. “That means you can almost run their schedules if you show up to protest at public events. No politician can afford that kind of scheduling disruption. They will be forced to deal with you.”      

Focused protests can work with members who probably think the proposal is the right thing to do, but are reluctant to support it because of heavy pressure from the other side (the classic “this is not the time” type of position), or with members who need to be convinced that there may be serious consequences to not supporting the proposal.

Some Practical Tips on Protests

Always “lowball” your estimates of how many people will come; that is, predict that fewer people will show up than you are reasonably certain will appear. If you think you’ll have 15 pickets in front of a member’s office, you always look better if you predict 10 and get a few more than if you predict 20 and get a few less.

Protests that involve violence, threats or intimidation are almost always counterproductive, at least if you are still trying to persuade people to support your proposal. Most Americans consider violence and threats outside the rules of the game.

The effect of strong language is less clear. Most insiders say it is counterproductive as well. However, most people who say they decided to oppose a policy because supporters used vehement language were looking for a reason to oppose it anyway. Sometimes strong words may help people to see that your commitment to the proposal is deep, and that you will not quit if defeated once.

Protest and Free Speech: A Brief Introduction

Find out about local and state laws on demonstrations well before you stage any protest. You need to know when permits are required, if there are limits on the amount of noise, if there are limits on the hours when protest is permitted and what the laws are on obstructing sidewalks, marching in streets, etc.

Most cities allow sidewalk pickets without permits but require that they don’t block sidewalks or access to buildings. Most insist on permits for street marches.

If you can, get a lawyer with some knowledge of the First Amendment to help you find out about all the local laws. The single most common mistake that people make with protests is not finding out about permit requirements early enough. Organizers often announce marches publicly only to find out that they don’t have time to get a permit, or that after the route has been announced, the city legitimately insists on changing it to accommodate traffic, etc. Since protests are a possible part of any campaign, find out about the laws at the start.

The First Amendment says that you can’t be denied a permit or subjected to special conditions because of your message. It also says that to minimize the possibility that hostility to your message will infect the process, permit laws must have “neutral criteria” for deciding when permits will be refused or marches limited.

However, a surprising number of cities still have laws which appear to give officials almost arbitrary power to limit protests or deny permits altogether. Even if a permit law is invalid, you generally must apply for the permit and follow the process through to challenge it later.

Finally, remember that the First Amendment will not protect you if you are arrested for civil disobedience (sit-ins, demonstrating on private property or on government property not intended for speech, etc.).

Working with Direct Action Groups

No matter how you feel about protest and c.d., you will probably be better-off if you have a working relationship with groups which will be doing it. If there are going to be protests, it will probably be better if you can help aim them at people who might be moved in the right direction or at issues which need dramatic illustration. On the other hand, if the protest groups are planning on violent or threatening actions, you may want to disassociate yourself from them.

Working relationships with direct action groups require mutual respect. Too often, direct action groups suspect that when mainstream organizers propose working together, they really want at a minimum to tell the direct action groups what to do, and set out to get the direct action group to abandon protest and work inside the system. Too often, the suspicions are well founded. Don’t try to manipulate direct action groups, or say you want to work with them when you really hope to tell them what to do.

One way to begin building a good relationship is to have someone from the campaign attend meetings of the action group, and participate in some of their activities. Ask the group to send someone to the campaign’s meetings and to take part in some of its activities. Make sure the direct action group understands the campaign’s plan. When the campaign suggests that the group not do some types of protest, or asks that it consider doing a protest, bring representatives of the group into the process, and make sure they understand the campaign’s thinking. Listen to their advice. And get used to the idea that your advice won’t always be accepted.