Post 3: Black Lives Matter Protests and the First Amendment

The killing of George Floyd sparked a revolution in America. In the midst of a worldwide pandemic, protests began. These began peaceful and then eventually some became riots and in the case of Portland, Oregon, the riots turned into complete anarchy.

This is when true chaos began, but the heart of the Black Lives Matter movement is peaceful. Shortly after the video of George Floyd's brutal death, another victim's case went viral, a woman named Breonna Taylor.

In this case Breonna was shot and killed in her boyfriend's home. She was unarmed. Protesters, activists, and politicians have been calling for the police officers who shot her to face consequences. 

This has been an ongoing case, and finally just last week, a grand jury ruled that those police officers would face no time. 

The people of Charlotte, NC, just like many others across America responded. The peaceful protests began Saturday morning on North Tyron street by the Black Lives Mural. 

WBTV Web Staff reported that "...hundreds of protesters walked through uptown shouting to put an end to social and racial injustice, along with police brutality..."

This specific march on September 26th was, by all means, constitutional. The words they were saying are protected by their freedom of speech, the actions they were taking were peaceful, therefore they are protected by their freedom of assembly.

This was one of the good days.

On a not so good day, night would've come, and riots would've replaced the sound of high schoolers playing drums with gunshots and sounds of violence. 

This violence would probably not be constitutional. The rioters could argue that they're exercising their right to Assembly and protest, but the Speech and Action Dichotomy (a result of  1915 film case) and the Bedrock Principles would argue otherwise.

The Speech and Action Dichotomy is a rule the courts use which states an individual or group cannot be prosecuted for speech but if that speech was to turn into action, there would be reason for arrest. 

The Bedrock Principles echo this by stating the freedom of assembly is not a shield against laws of general applicability. This is why the violence Portland is experiencing is unconstitutional. Their freedom of assembly should not encroach upon others peoples property or the safety of their communities. 

Thankfully what happened in Charlotte last weekend was one of the good days. These good days are more important to understand than the bad ones. For on the good days a fight is being made for peace, unity, and restoration for all people.

source: https://www.wbtv.com/2020/09/26/demonstrators-march-unity-uptown-charlotte/