Welcome back to The First Amendment for Dummies! Today we are going to focus on the freedom of assembly that is outlined in the First Amendment, which although can be used for all sorts of group gatherings and meetings, is commonly used when referring to protests. The most important questions that we will be answering today are:
- What is a protest?
- What is the difference between a peaceful and violent protest? And,
- What rights are given and protected by law (under the First Amendment in the Constitution) regarding protests/protesters?
What is a protest?
According to the Merriam-Webster online dictionary, protest (as a noun) means, “a solemn declaration of opinion and usually dissent,” “the act of objecting or a gesture of disapproval, especially a usually organized public demonstration of disapproval,” “a complaint, objection, or display of unwillingness usually to an idea or a course of action,” and “an objection made to an official or a governing body of a sport.
As you can see, a protest is a reaction of disapproval and/or unwillingness taken by a group of people (usually referred to as “protesters”), which is usually made against the official or governing body. Simply put, a protest is when people of a similar opinion come together to voice their opinions to the public eye, and publicly disapprove of actions taken by governments, companies, people, and more.
Some famous and influential protests in American history were:
- The Boston Tea Party (1773): the first significant act of rebellion by American colonists against the British.
- Women’s Suffrage Parade (1913): the first major demonstration of the fight for women’s suffrage in the US.
- The March for Our Lives (2018): protest held in response to a devastating school shooting in Florida where 17 students were killed. The protesters demanded harsher gun laws in the US to prevent more deadly school shootings (and other similar tragedies) in the future.
What is the difference between a “peaceful” and a “violent” protest?
As was defined earlier, a protest is “a usually organized public demonstration of disapproval” (usually of some law, policy, idea, etc.). When a protest becomes violent, however, it becomes a riot, which is defined as “a disturbance of the peace created by an assemblage of usually three or more people acting with a common purpose and in a violent and tumultuous manner to the terror of the public.”
Although the difference between a violent and peaceful protest is not officially defined in the US Code, it seems that public knowledge and official dictionary definitions can help to define the difference between the two. Another way to differentiate is with the law: the federal Anti-Riot Act of 1968 prohibits the use of any facility to incite or participate in a riot, and many states have individual laws against riots as well.
A historical example of a riot is the Stonewall Riots of 1969. In June of 1969, police entered the Stonewall Inn (which was a well-known gathering place for young LGBTQ people), arrested employees, roughed up many patrons, and cleared the bar. It was the third raid of this sort, and the LGBTQ community was upset; so, a crowd outside the bar responded actively and angrily by jeering and throwing debris at the police. The riots continued for the next five days, which provided a crucial spark for the LBGTQ rights movement in the US.
What exactly does the First Amendment protect (in terms of protests)?
The First Amendment protects the right to free speech, freedom of the press, and freedom of assembly. Lawful assembly is protected, meaning “the right of the people peaceably to assemble.” Over the years, the Supreme Court has ruled that it is lawful to support all different kinds of viewpoints. Local governments, however, can require permits to be obtained before marches and rallies are held (for all groups), which would make it unlawful to hold a protest without one.
Assembly becomes unlawful when persons gather to commit a crime involving force or a noncriminal act in a manner likely to terrify the public. This could easily escalate into riot territory, which was defined above. Riots usually spring from some sort of grievance and become a form of protest, or an attempt to raise awareness about an issue. They may also be outpourings of frustration from deprived or oppressed people. However, riots can also be ground simply in hate, anger, or prejudice.
Overall, the First Amendment only protects peaceful protests, or lawful protests. It does not not protect unlawful protests or riots, and can only protect citizens against the government. This means that the First Amendment cannot protect anyone against the private sector, so private companies still hold the right to fire people that participate in protests.
Overall, protesting is a vital part of US History, and will continue to be a popular way for groups of people to fight for what they believe in. Although history has proven that riots (or violent protests) can accomplish goals, such as what happened during the Stonewall Riots, it is important to know your rights, and what is protected under the First Amendment.
Just remember before attending a protest that, by law, only peaceful protests are protected, and the law can only protect you from the government, not private entities such as any businesses/companies you may work for or be associated with.
This topic is super relevant to today, and I feel that our generation is more comfortable with speaking our opinions and standing up for what we believe in. Protests can definitely carry a negative connotation, but your blog does a good job of explaining that this isn’t always true. It is important to understand what the intentions are behind each protest and what the risks are.
Protests are a really hard concept in America. One rock is thrown and a peaceful protest can turn into horrific riot. However, there are so many times when protestors are pushed out from their post by police or are not given an adequate amount of time to disperse. I commend you for writing about such a difficult part of our Constitution.
This is a very interesting topic and a far more in depth analysis of this specific part of the 1st amendment than the “right to free speech or protest” explanation that is given in high school government classes. Because the amendment only protects peaceful protests, I’m curious on your perspective of the concept that protests can become less than peaceful if the officers/whoever feels like the other group is acting overly aggressive and causes the other group to feel like they are (or are going to be) under attack. For example, is it still a peaceful protest if the protestors are not physically doing anything but making verbal threats towards the other groups (“I’m gonna kill you”, etc.)? Is this justification to make the determination that a protest is violent and no longer legal? I’m curious of your thoughts since you clearly know a lot about the subject.