Know Your First Amendment Rights
Protesting Safely as a Sex Worker
Sex workers have the first amendment right to speak, assemble, document, and advocate in public spaces. But protesting and public visibility can carry unique risks, especially for people targeted by policing, profiling, stigma, or criminalization.
This resource offers basic legal rights information and harm-reduction strategies for sex workers before, during, and after protests.
This is general information, not legal advice. If you are arrested, detained, or have property seized, contact an attorney immediately.
Your Rights in Public
In public spaces, you have the right to:
Speak and assemble
Film law enforcement and government officials in public
Document protests and public events
Remain silent if approached by police
Refuse consent to a search
Before You Protest
Preparation is protection. Before attending a protest:
Go with a buddy or group
Share your location with someone you trust offsite
Set a check-in plan for after the protest
Use a strong phone passcode
Turn off location tracking
Consider disabling cloud backups or leaving your phone at home
Think carefully about whether to carry ID
During a Protest
If police approach you, stay calm and keep your answers short.
Useful phrases:
“Am I free to go?”
“I am exercising my right to remain silent.”
“I do not consent to a search.”
“I request a lawyer.”
Do not explain your presence, your work, your activities, or the contents of your device.
If You Are Arrested
If you are arrested:
Do not answer questions about your work
Do not answer questions about your phone or device
Say: “I want to speak to my attorney.”
Consult an attorney immediately
If Your Property is Seized
If police take your phone or other property:
Say: “I do not consent to a search of this device.”
Refuse to provide your passcode
Ask for a written receipt
Do not delete data
Change passwords and enable two-factor authentication from another device
Unlink cloud services if possible
Contact an attorney immediately
After the Protest
Afterward, prioritize rest and community care. If you experienced profiling, harassment, or police misconduct:
Write down badge numbers
Note the time and location
Describe the officer and what happened
Report the incident to the community team organizing the protest
California Law: SB 357 and AB 379
In 2022, California passed SB 357, the Safer Streets for All Act, which repealed Penal Code § 653.22, loitering for prostitution. The law also allowed people with prior convictions under that section to clear their records.
In 2025, California passed AB 379, which created Penal Code § 653.25, making it a misdemeanor to loiter in public with the intent to purchase commercial sex. This law is intended to apply to purchasers, not sex workers.
Sex workers cannot be arrested for loitering with intent to sell sexual services, and people with prior § 653.22 convictions may still be able to clear their records.
