Executive Summary

This policy brief analyzes police action toward nonviolent activism. The public has been questioning police action in response to some forces utilizing disproportionate violence to quell peaceful resistance. Such action has prompted calls that excessive force violates civil liberties and the democratic right to assemble peacefully, with others claiming that police are simply protecting the people. This brief will provide detailed proposals on how to approach the use of force by police, recommend more efficient de-escalation techniques, and offer methods for the protection of individuals participating in nonviolent resistance. It intends to promote a reasonable level of social control sufficient to ensure order in society without neglecting the rights of individuals.

Overview

Pointed Summary

• Accounts of police actions and exposure to police varies globally

• In the current civil rights context, negative police conduct, such as brutality on nonviolent protesters, is an imperative issue
• Protestors undergo trauma and reduced trust in policing systems after perceived excessive force

Relevance

A report by the Amnesty International global movement has suggested that excessive police force erodes public confidence in law enforcement and fuels social tension. The report argues that police and security forces use excessive force when dealing with nonviolent demonstrators, especially people of color and young people in minority groups. Excessive force during nonviolent protest is listed as a significant civil rights issue due to its “social and psychological” consequences that define the relationship between police forces and communities.

History

Police responses to nonviolent resistance in the United States have varied significantly over time, often reflecting broader societal and governmental attitudes toward civil rights and protest. The Civil Rights Movement is one of the most prominent examples of nonviolent resistance in U.S. history. Nonviolent protests, led by figures like Martin Luther King Jr., often endured violence from law enforcement, including the Birmingham Campaign, where protesters were met with fire hoses and police dogs. These police actions prompted national attention toward the protesters’ cause. Additionally, during the Selma to Montgomery marches and the infamous “Bloody Sunday,” protesters faced clubs and tear gas attempting to cross the Edmund Pettus Bridge. The anti-Vietnam War movement saw widespread nonviolent protests across the country, particularly on college campuses. Notably, the Kent State Massacre, in which four students were killed and nine were injured by National Guardsmen, highlighted the extreme response to nonviolence.The Black Lives Matter movement, which began in response to police violence against African Americans, has seen widespread nonviolent protests across the country, after the deaths of people like Michael Brown in 2014 and George Floyd in 2020 at the hands of policemen. Protests were often met with tear gas, mass arrests, and rubber bullets.

Current Stances

Attitudes toward police brutality are partisanly divided. Pro-police attitudes are strongly correlated with more conservative ideologies and are also more likely to be found among white groups rather than their Black counterparts.

Tried Policy

In response to calls to ‘defund the police’ by supporters of the Black Lives Matter movement, many legislatures have reallocated police funds to initiatives like violence prevention and housing. Some cities have also ended qualified immunity for officers, reduced police presence in schools, or changed their standards of use of force. Across the U.S., 25 states have addressed these three criteria. In general, local police are required to use the “least amount of force necessary against citizens,” however, many call for additional mandates, such as body cameras, to enforce this rule and prosecute offenders.

Policy Problem

Stakeholders

‍Protests, boycotts and other nonviolent resistance methods have gained popularity over time, protests in particular being extremely popular. With a rise in protests and other nonviolent resistance, there has also been an increase in police response. This, in turn, has mostly created a polarized forum with two clear sides that are involved and impacted: protesters and the police force. ‍

Risks of Indifference

‍It is important to address this issue due to the multitude of problems it may cause such as erosion of public trust. This can be problematic because it may lead to authorities — such as the police — losing their credibility and increasing tension between police and protestors. Harsh responses to peaceful protests can radicalize participants, pushing them toward more extreme measures as they feel their peaceful efforts are futile. According to Science Friday, peaceful protests are dependent on police behavior. They state, “de-escalating and building trust supports peaceful demonstrations rather than responding with weapons and riot gear.” Additionally, police violence can lead to increased polarization among communities, as protests may be seen as a threat to public safety if met with excessive violence. This would take away the attention from the issue at hand and lead to a less nuanced discussion. Moreover, these acts may also be seen as human rights violations, potentially limiting freedom of speech and suppressing expression of their opinions and needs. Non-violent protest is a fundamental right protected under democratic principles and the First Amendment. Excessive police actions may constitute violations of these rights, leading to legal and ethical concerns. Therefore, through policies and other avenues, it is important to ensure that police actions are geared toward protecting protestors in a peaceful manner rather than ones that further create divides between the groups.

‍ Nonpartisan Reasoning

‍Law enforcement and other legal authorities often argue that violent police actions are warranted, as they maintain order and safety of everyone involved. They state that their primary duty is to maintain order, which can sometimes require force as a means to prevent protests from escalating into chaos. They also argue that police officers are specially trained to respond to perceived threats, and their training emphasizes that a show of force is at times necessary to deter potential violence and that their actions are in line with legally established protocols. Protestors, on the other hand, express that they have a right to assemble, and they are simply exercising that right. They often see aggressive police tactics as a violation of their civil liberties. They state that police action is unnecessary, as it undermines their methods designed to bring about social change without causing harm. Many protesters also report experiencing police brutality, which can include physical violence, unwarranted arrests, and the use of tear gas and rubber bullets, which is why they are against the police forces at times. Public opinion on police actions toward nonviolent protests is extremely divided. Some people, often on the right, believe that strong police action is necessary to maintain order, while others, often on the left, believe that excessive brutality can amount to an infringement on constitutional rights. 

Policy Options

Many police reform advocates believe that in order to ensure that public demonstrations are policed in a manner protecting both public safety and democratic freedoms, policy should emphasize that force be used as a last resort, employed only in the presence of a clear risk. Avoiding a militarized presence and encouraging the facilitation of protest, they believe, should be the primary objective for police officers. When responding to demonstrations, crafting tiered response plans that proportionally increase the level of police engagement based on the scale of protest is a strong option to achieve this goal. For instance, the NYPD has defined a four-tiered approach to balance safety with justice. Tier 1 is used during peaceful protests, allowing demonstrators to pass through the streets or sidewalks. The Community Affairs Unit is the primary contact for protestors, while the NYPD still reserves the right to enforce traffic laws or direct crowds with patrol officers. Tier 2 arrives when a protest is about to block critical infrastructure or illegal activity is suspected. The actions of the NYPD escalate accordingly, with the department stationing additional officers. Tier 3 occurs when there is probable cause to believe that a crime has been committed. Officers or specialized units can begin to deploy as necessary in order to address those breaking the law. Finally, Tier 4 begins when protesters trespass upon sensitive locations or crimes become so widespread that personal de-escalation is not an option. In this case, the protest must end; however, the NYPD is still required to warn the crowd, point out safe exits, and identify a new viable location for a protest to continue. Response plans like these create structure and set a widespread standard for officers to follow. Accountability is a key principle in ensuring proper policing. A proposed accountability mechanism is the enforcement of limitations on on police use of force and arrests, with clearly defined consequences if ignored. Creating a senior role within police systems tasked with identifying officers accused of using unnecessary violence could centralize authority and streamline responses. By designating this individual member to answer for the department’s behavior, police misconduct in the face of peaceful protest will not go ignored. Additionally, providing de-escalation training with strategies to deal with antagonistic protestors could promote peaceful interactions while simulating environments of high stress.  

Conclusions

Instances of perceived police violence have come under increased scrutiny in recent years due to public social justice movements and the introduction of new policing legislation. The public is sharply divided on how to approach this policy challenge, with many on the left calling for increased regulation and reform to police practices, while many on the right call for strengthening existing law enforcement. Popular suggested reforms include tiered response plans and de-escalation training, which would help to ensure that police officers are able to quickly and appropriately respond to emergencies while ensuring that citizens can exercise their right to free expression and assembly unimpeded by law enforcement.

Acknowledgment

The Institute for Youth in Policy wishes to acknowledge Eli Solomon, Anagha Nagesh, Nolan Ezzet and other contributors for developing and maintaining the Policy Department within the Institute.

References

1. Amnesty International. “US Law Enforcement Violated Black Lives Matter Protesters’ Human Rights.” Amnesty International, August 4, 2020. 
2. "Bloody Sunday: Civil Rights Activists Brutally Attacked in Selma." The Equal Justice Initiative. https://calendar.eji.org/racial-injustice/mar/07#:~:text=On%20March%207%2C%201965%2C%20state,the%20state%20capitol%20in%20Montgomery.
3. "CBS Eyewitness: Breakthrough in Birmingham." CBS News. May 10, 1963. Video, https://www.loc.gov/exhibits/civil-rights-act/multimedia/birmingham-protests.html.
4. Cunningham, Michael. "POLICE, VIOLENCE, AND DATA: THE BLACK LIVES MATTER MOVEMENT." Carnegie Mellon University: Heinz College. May 4, 2024. https://www.bbc.com/culture/article/20240503-kent-state-university-1970-protests-that-shook-the-us.
5. “Illinois Criminal Justice Information Authority.” ICJIA, icjia.illinois.gov/researchhub/articles/an-overview-of-police-use-of-force-policies-and-research. Accessed 27 July 2024. 
6. “Illinois Criminal Justice Information Authority.” ICJIA, icjia.illinois.gov/researchhub/articles/an-overview-of-police-use-of-force-policies-and-research. Accessed 27 July 2024. 
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8. "Kent State Shootings: The 1970 Student Protests that Shook the US." BBC. May 4, 2024. https://www.bbc.com/culture/article/20240503-kent-state-university-1970-protests-that-shook-the-us.
9. Koerth, Maggie, and Jamiles Lartey. "Why So Many Police Are Handling the Protests Wrong." Arizona State University. https://ccj.asu.edu/psi-lab/why-so-many-police-are-handling-protests-wrong.
10. Lambright, Daniel, and Molly Biklen. “We Are Overhauling How the NYPD Polices Protests.” NYCLU, 8 Sept. 2023, www.nyclu.org/commentary/we-are-overhauling-how-nypd-polices-protests. 
11. “Mayor Adams, NYPD Announce New Approach to Handling Protests, Resolve Litigation Stemming from 2020.” The Official Website of the City of New York, 5 Sept. 2023, www.nyc.gov/office-of-the-mayor/news/637-23/mayor-adams-nypd-new-approach-handling-protests-resolve-litigation-stemming-2020. 
12. Project, Policing. “How to Police Protests to Protect Constitutional Rights and Public Safety.” The Policing Project, The Policing Project, 29 Oct. 2020, www.policingproject.org/news-main/2020/10/29/how-to-police-protests-to-protect-constitutional-rights-and-public-safety. 
13. Subramanian, Ram, and Leily Arzy. "State Policing Reforms Since George Floyd’S Murder." Brennan Center for Justice. May 21, 2021. https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder.
14. Taylor, Christie, and Ira Flatow. "Research Shows Peaceful Protest Depends On Police Behavior." Science Friday. June 5, 2020. https://www.sciencefriday.com/segments/protests-police-behavior/.
15. Vitro, Catherine. "Attitudes about Police and Race in the United States 2020–2021: Mean-level Trends and Associations with Political Attitudes, Psychiatric Problems, and COVID-19 Outcomes." PLoS One. July 27, 2022. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9328541/

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