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Protesting Vs. Rioting

What Does the First Amendment Say?

    "Congress shall make no law respecting...the right of the people peaceably to assemble" (First Amendment, United States Constitution, 1791.)

    The world we live in today is like no other time in the history of America. We are battling a virus, civil unrest against the government, and civil unrest against each other. True, there is rarely a time where we are in constant "peace," but the last time our country had this much inner turmoil it launched into a civil war. The Black Lives Matter protests have swept the nation and began receiving heavy media involvement since the death of George Floyd. Yes, George Floyd was not the first, nor will he be the last. But his death was at the perfect time to launch our country into the civil unrest we see today.

What Does the First Amendment Allow/Disallow?


    Anyone can protest, for any reason. This is commonly accepted. What causes differing opinions is when these protests become dangerous and harmful to the community. What causes these protests to progress into rioting is also a major talking point. Let's talk about rioting and unlawful assemblies first.

    When a protest turns into a riot or an unlawful assembly, it is no longer protected by the first amendment. What qualifies as a riot or an unlawful assembly? According to Britannica "Riot, in criminal law, a violent offense against public order involving three or more people. Like an unlawful assembly, a riot involves a gathering of persons for an illegal purpose. In contrast to an unlawful assembly, however, a riot involves violence." (Britannica)

    Most, not all, riots start when lawful police action is taken against unlawful assemblies. For example, if there is a protest blocking the street, it is now considered an unlawful assembly because it is causing major disruptions to the general public. Police can now ask the protestors to leave and go to another location. If the protestors do not listen, the police can use non-lethal force to persuade protestors to leave.

    Now let's assume that protestors are following all laws and not causing issues towards the general public. No matter what they are talking about, as long as it's not causing major violence against a person or organization, it is protected under the first amendment right. This means that the government cannot ask them to stop or leave.

    Every situation is different and it would be wrong of us to assume otherwise. To remain respectable Communication Law students, we need to recognize this and view every situation with afresh and non-biased view.



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