How Do We See The First Amendment in Action During BLM Protests?
On July 3, 2020 the New York Times posted an article called "Black Lives Matter May Be the Largest Movement in U.S. History". This article features statistics from the peak of the Black Lives Matter protests on June 6th 2020. Stating staggering statistics like:
"The Black Lives Matter protests peaked June 6, when half a million people turned out in nearly 550 places across the United States."
and
"More than 40 percent of counties in the United States- at least 1,360- have had a protest. Unlike with past Black Lives Matter protests, nearly 95 percent of counties that had a protest recently are majority white, and nearly three-quarters of the counties are more than 75 percent white."
New York Times: https://www.nytimes.com/interactive/2020/07/03/us/george-floyd-protests-crowd-size.htmlBlack Lives Matter protests have been heavily in the news for the past year now, for good and bad reasons. While many of the protests are peaceful, there are also some that get out of hand because of the strong emotions and anger held by individuals towards police officers and all of the wrongdoings that have occurred over the past year.
Before we get into recent news about Black Lives Matter protests, I want to take a minute to explain exactly what is, and what isn't, protected by the First Amendment.
What is Protected Under the First Amendment?
The First Amendment states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Constitution Annotated: https://constitution.congress.gov/constitution/amendment-1/
When individuals use their First Amendment right of Freedom of Speech, they are protected by the Government. The United States Government
IS NOT allowed to stop someone from expressing their opinion because that is called
PRIOR RESTRAINT and Prior Restraint is UNCONSTITUTIONAL. "Prior Restraint is when the Government stops you from speaking or writing before you have done it."
The moment that an individual starts to take ACTION, such as causing harm, fighting individuals, fighting police officers, breaking windows of stores, looting, rioting, etc. that is when an individual becomes UNPROTECTED by the United States Government under their First Amendment right.
*ANY ACTION THAT CAUSES HARM IS NOT PROTECTED BY THE FIRST AMENDMENT, AND THEY HAVE TO PROVE INCITEMENT*
"Incitement is the action of provoking unlawful behavior or urging someone to behave unlawfully."
BUT... there is a slim window where individuals actions allow them to still be protected by the First Amendment. The one and only way an individual is still protected by the First Amendment after they take action is if that action is an EXPRESSIVE ACTION.
"Expressive Action is action that is intended to send a message to an audience."
Now that we have gone over what is and is not protected by the First Amendment, lets look at some instances in Black Lives Matter protests where individuals have a right to be protected by the First Amendment, and where they do not have a right to be protected by the First Amendment.
What Do These Protests Have To Do With The First Amendment?
Winston Salem, NC- PROTECTED
https://journalnow.com/news/local/peaceful-protests-marches-continue-in-winston-salem-for-5th-straight-day/article_27fd58c2-7758-5cb4-a140-3f8361e02d6b.html
June 3, 2020. The 5th consecutive day of Black Lives Matter peaceful protests in Winston Salem, North Carolina. During one portion, individuals laid on the ground in complete silence for 8 minutes and 46 seconds. The amount of time George Floyd was pinned on the ground with police officer Derek Chauvin's knee in his neck, ultimately killing him.
While these individuals were taking ACTION this demonstration is an example of EXPRESSIVE ACTION. We all know the phrase, "Actions speak louder than words." and this is one example where actions that speak louder than words are protected by the First Amendment.
There is a clear message behind this action. There is a clear reason that these individuals are laying on the ground for 8 minutes and 46 seconds in complete silence. They are not doing it to cause harm. They are taking this action to prove a point. To prove a message.
UNPROTECTED ACTION
In a TIME Magazine article posted on September 5, 2020 The Armed Conflict Location & Event Date Project (ACLED) analyzed more than 7,750 Black Lives Matter demonstrations in all 50 states and Washington D.C. that took place in the wake of George Floyd's death between May 26 and August 22.
The ACLED defines "Violent Demonstrations" as, "Acts of targeting other individuals, property, businesses, other rioting groups or armed actors." and their definition includes anything from, "fighting back against police", to vandalism property destruction, road-blocking using barricades, burning tires or other materials."
While over 42 percent of individuals feel that Black Lives Matter movements have been violent, the ACLED reports that only 220 of the more than 2,400 locations have had some sort of violence, or action unprotected by the First Amendment.
Salt Lake City, Utah- UNPROTECTED
June 1, 2020. Salt Lake City, Utah held a Black Lives Matter protest in which the damage that was caused overshadowed the message they were trying to convey.
"Some demonstrators sprayed graffiti or yelled the words "Black Lives Matter" as they caused damage to the city, leading Scott and Kelly to reiterate that their groups do not condone violence or destruction to property."
The Northern Utah Black Lives Matter chapter is a perfect example of what was supposed to be a peaceful protest gone wrong. Individuals have their own emotions and individuals express those emotions in different ways, but when an individual decides that they want to take ACTION by INCITING VIOLENCE, then the First Amendment is no longer protecting them.
And although the chapter did hold a peaceful protest in Ogden, Utah, "Organizers still feel like their main message has been overshadowed by the injuries and damage caused in Salt Lake City."
In Conclusion
This blog post should be used as a learning opportunity. An opportunity to see why so many individuals that have attended Black Lives Matter peaceful protests are still protected under their First Amendment right of Freedom of Speech. This should also be a learning opportunity for individuals to understand that their opinion does matter. You as an American Citizen are able to speak your mind. You are able to say what you want to say... to a certain extent.
As long as your message DOES NOT INCITE OR INTEND TO CAUSE VIOLENCE and is done in a way where if you take action your ACTION speaks your message, you are protected by the First Amendment. You do have a voice and your voice can be heard. Use this post as a learning opportunity to learn more not only about your First Amendment Right, but about the Black Lives Matter peaceful protests that are still happening to this day.
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