A guide to your rights at Indiana protests, in the streets, and at school

People are protesting in the streets and students are organizing school walkouts in Indiana and across the country after the fatal shootings of Renee Good and Alex Pretti in Minneapolis. As tensions continue, politicians from both parties are weighing the balance between the public’s right to assemble and federal immigration enforcement operations.

While these events and comments from national and state leaders may leave some wondering if their rights have changed, the fundamental legal protections in Indiana remain in place. Here is a guide to help navigate the current laws for demonstrating in the state. 

What are the basic protest rights in Indiana?

The U.S. Constitution guarantees the First Amendment freedoms of free speech and assembly. However, these rights are strongest in traditional public forums like sidewalks, parks and streets, said Ken Falk, legal director at the ACLU of Indiana.

• Public vs. private property: You generally have the right to protest on public property, provided you do not block access to buildings or interfere with official purposes. You are not allowed to obstruct law enforcement. On private property, the owner sets the rules.
• Police orders: Governments can impose time, place and manner restrictions, such as curfews, which police then enforce. Officers cannot order a crowd to disperse unless there is a "clear and present danger" of a riot or immediate threat to safety, said Indiana University law professor Jody Madeira.
• Counterprotesters: Groups with opposing views have the same rights as protesters. Law enforcement can separate the two groups, but they can be “within sight and sound of one another,” Madeira said.

Protests are not unlawful assemblies or rioting unless certain laws are broken.

An unlawful assembly is when five or more people aim to commit crimes or acts by unlawful means. An unlawful assembly can become rioting if people “recklessly, knowingly, or intentionally” engage in tumultuous conduct. That's defined in state law as actions resulting in “serious bodily injury to a person or substantial damage to property.”

“My advice is always to comply with law enforcement,” Falk said, adding, if you are told: "'You’re interfering, move back.’ It’s always wiser to move back, especially if you’re recording.”

What protest rights do public school students have?

In the landmark 1969 case Tinker v. Des Moines, the Supreme Court established that public school students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This means students have the right to express their opinions as long as their speech does not cause a "substantial disruption" to the educational environment, according to the ACLU.

• Walkouts: A student walkout is a coordinated act where students leave their classrooms at a specific time to gather in a public space to protest. A walkout is not a protected form of speech under the First Amendment. Because state law requires students to attend school, administrators can treat a walkout as an unexcused absence and discipline students for missing class.
• Equal punishment: Schools must be consistent in how they hand out discipline. The ACLU notes a school can enforce its attendance policy, but it cannot punish a student more harshly based on the political nature or specific message of their protest.

Can I film or photograph law enforcement or act as a legal observer?

Yes. You have a First Amendment right to openly record or photograph law enforcement activity in public spaces, provided you do not physically interfere with their duties.

On private property, the property owner sets rules for photography, filming or protesting on their grounds.

The U.S. Court of Appeals for the 7th Circuit is one of several courts that has held people have an absolute First Amendment right to observe and record law enforcement activity as long as they are not interfering, Falk said.

According to ACLU guidance, it is legal to document police incidents by recording video or taking notes. You can include details such as badge and patrol car numbers, witness contacts, and photos of injuries.

Police cannot confiscate or demand to view photographs or video without a warrant, Madeira said.

What if law enforcement tries to stop or detain me from documenting?
The ACLU recommends you do not resist and to keep calm. Ask if you’re free to leave. If the officer says yes, walk away calmly. 

If law enforcement detains you, ask what crime they suspect you committed and remind them that it is your right to take photographs under the First Amendment. The officer must have reasonable suspicion that a person has broken a law or will do so in order to detain someone. 

You do not need a permit to protest if you are not obstructing car or pedestrian traffic, according to the ACLU of Indiana. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.

Can I open carry a gun at a protest?

Indiana is an "open carry" state with no specific laws prohibiting firearms at demonstrations. In 2022, the state moved to "permitless carry," allowing most adults to carry handguns without a license. This includes at protests. 

But the firearm cannot be pointed at another person, Madeira said. That could be considered intimidation, which is a crime. If a protest is declared an unlawful riot and a protester is armed with a deadly weapon, their charges would be enhanced to a felony.

Many classes of people are prohibited by state law from carrying a firearm, including people under the age of 18, those convicted of a felony or domestic violence or immigrants without legal status. There are also places a firearm cannot be carried, such as inside a school or Statehouse grounds. Public universities have their own rules around firearms on campus.

The Indianapolis Metropolitan Police Department explains permitless carry rules on its website.

What limits are there to protest on college campuses?

Public colleges may impose reasonable, content-neutral "time, place, and manner" restrictions on campus protests.

After students were arrested at an Indiana University encampment in support of Palestinians in 2024, the school enacted a strict expressive activity policy that prohibited protesting, making speeches, distributing literature and carrying signs during certain overnight hours.

However, a federal judge ruled in January 2026 that the policy was unconstitutional and ordered IU to clear the disciplinary records of those affected. 
 

Do I need a permit to protest in Indianapolis?

In Indianapolis, you do not need a permit to protest on sidewalks if you are not obstructing pedestrians or cars. A special event permit is required if your event involves more than 250 people and includes:

• Closing or blocking a street or other public spaces
• Setting up stages, tents, or large banners.

What happened to the 'buffer zone' law?

In April 2023, former Gov. Eric Holcomb signed House Bill 1186 into law, making it a crime to remain within 25 feet of a law enforcement officer after being ordered to move back. The law would have applied even when a person’s presence does not interfere with an officer’s duties or pose a safety risk.

The Reporters Committee for Freedom of the Press challenged it with a federal lawsuit alongside several Indiana-based news outlets. They argued the law violates the First and Fourteenth Amendments.

“This law is clearly unconstitutional and puts journalists covering law enforcement in an impossible position: stop reporting or risk being arrested and criminally charged,” said Katie Townsend, the committee’s deputy executive director and legal director.

On Jan. 9, 2026, the court issued its final judgment in favor of the media coalition and prohibited Indiana from enforcing the law. But in March 2025, the Indiana legislature passed a modified buffer zone law that only applies “if the officer reasonably believes that the person's presence within 25 feet of the officer will interfere with the performance of the officer's duties.” 

The 2025 law remains in effect, according to Falk at the ACLU of Indiana.

Are lawmakers trying to ban masks at protests?

During the 2026 state legislative session, Sen. Gary Byrne (R-Byrneville) authored legislation creating a misdemeanor offense for wearing a mask at public assemblies, including protests. The law also increases the penalty for rioting and disorderly conduct to a Level 6 felony if the offense is committed while wearing a mask. 

Byrne’s Senate Bill 73 has not made any movement in the session since it was introduced.

This story will be updated.

Farrah Anderson is an investigative health reporter with WFYI and Side Effects Public Media. You can follow her on X at @farrahsoa or by email at fanderson@wfyi.org.

Contact WFYI data journalist Zak Cassel at zcassel@wfyi.org.

WFYI education editor Eric Weddle contributed to this story.