Tuesday, August 15, 2017

Protesters

We'll be fighting in the streets
With our children at our feet
And the morals that they worship will be gone
--The Who

The sad events last weekend at Charlottesville once again motivate review of issues related to political speech--particularly with respect to people who show up to protest that speech.  When political speech takes place in a public place, the speech rights of both the speakers to speak and any present protesters to peacefully protest must be upheld.

Protesters toe a fine line, however. They cannot lawfully interfere with political speech, however innocuous it might seem to them, in a manner that drowns out the message to the audience (a.k.a. the 'heckler's veto'). Physical force against the speaker or the assembly at large is also illegal, of course.

Moreover, it is the affirmative obligation of the police to protect the speaker's right to speak and the audience's right to hear as well as to protect the protester's rights to peacefully protest.

In all of the accounts that I have seen/read/heard about the Charlottesville incident I have yet to encounter one that clearly lays out the related facts related to both party's First Amendment rights. What is clear is that the process described above broke down badly.

The Charlottesville case also reinforces a previous observation. Demonstrating in the midst of someone else's political rally is like a spark in search of tinder. Whether intended or not, the likelihood of violence increases dramatically when opposing protesters show up at political rally.

Stated differently, if you intend to protest at someone else's assembly, then you are unnecessarily escalating a potentially violent situation.

Rather than protest, why not walk away? Graduate from the playground and let juvenile minds with small thoughts talk themselves into the ground?

Better yet, pray for them.

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