On Tuesday, January 13, the hosts of The View returned to the ongoing conversation about Renee Good, who was shot and killed by an ICE agent in Minneapolis, Minnesota. With protests against ICE growing in cities across the country, the panel focused on what people can and can’t do while demonstrating peacefully in the United States — and Whoopi Goldberg offered a pointed reminder for anyone planning to take to the streets.
“If you’re going out to protest, know what you’re doing,” Goldberg said. “Don’t get in the way. It’s your right to video. Go to the ACLU, get yourself a copy of the constitution so you know what your rights are. It’s gonna be a little harder because we’re not sure what ICE’s rights are. They seem to not be as clear.”
Sunny Hostin agreed that constitutional protections still apply. “The constitution, as far as I’m concerned, is still alive and well, and they should be complying with it,” she said — prompting Goldberg to respond bluntly: “They should be, but they’re not.”
The discussion continued into the show’s second Hot Topics segment, where Goldberg repeated her advice, emphasizing preparation and awareness.
“Here’s what I’m going to suggest again: know your rights,” she urged. “But also, check out and find out what their rights are. Let us be very clear. Not all ICE agents are out of control. Some actually do know what they’re doing and they’re having a hard time because they don’t recognize the agency that they’ve worked for for years. So there’s a lot going on. But keep in mind, you have the right.”
She then drew a clear line between peaceful protest and reckless behavior.
“You don’t have the right to be a bonehead, OK?” Goldberg said. “You can’t spit on people. People don’t like it. But you do have the right to say, ‘We don’t like what we’re seeing. We’re going to protest.’”
Goldberg went on to reference guidance from the ACLU, encouraging people to think carefully in tense situations: keep hands visible, avoid running or touching officers, and document what happened as soon as possible — or find witnesses who can confirm details. She also acknowledged how much has changed in the era of smartphones, where interactions are often recorded in real time.
“Keep yourself safe. Keep them safe,” she added. “Protest all you want to, but don’t get yourself into a trick-bag.”
Hostin also broke down what protesters are legally allowed to do, stressing that observation and recording are generally permitted in public settings — as long as people remain peaceful.
“I think you can observe, I think you can certainly record in public places,” she said. “You have to be peaceful and non-violent. I don’t think it’s appropriate to assault an officer, throw things at officers. You do have your freedom of speech, so you can say, ‘I disagree with what you’re doing.’”
When it came to law enforcement authority during protests, Hostin said officers can approach people and ask them to move if they’re blocking space or too close to a crime scene. But she argued there are limits.
“They cannot ask you to stop filming,” she said. “They cannot touch you, they cannot push you, and they cannot detain you for simply exercising your first amendment right.”
Goldberg later read what she described as the “rights of ICE agents according to the Constitution Law Department of Homeland Security,” including that “Agents can stop, detain, and arrest people they suspect of being in the U.S. illegally.” The claim sparked an immediate reaction from Joy Behar.
“They just made that up!” Behar said.
