Thousands march in Washington, D.C. protesting police brutality and the killing of George Floyd in Minnesota at the hands of local police, on Saturday, June 6, 2020. Derek Chauvin, the police officer that was caught on video kneeling on Floyd’s neck for nearly 9 minutes as the unarmed, handcuffed man laid flat and unable to breathe, has been charged with third-degree murder and second-degree manslaughter. Mass demonstrations have taken place nationwide since the incident took place.The First Amendment to the Constitution of the United States reads: “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.”
In Borough of Duryea v. Guarnieri (2011), Justice Kennedy wrote, “… the right to speak fosters the public exchange of ideas that is integral to deliberative democracy as well as to the whole realm of ideas and human affairs.”
On the evening of June 1, 2020, there were peaceful protesters gathered in Lafayette Park across from the White House. They were there to protest the death of George Floyd at the hands of abusive police. There were also credentialed journalists from around the world. The curfew had not yet become effective. There were young people and old people and black people and white people. All were exercising the right of free assembly embodied in the First Amendment.
The president of the United States wanted a photo opportunity with a bible as prop in front of St. John’s Episcopal Church. He was surrounded by the attorney general, secretary of defense, chairman of the Joint Chiefs of Staff, the House minority leader, and his press secretary. The park had to be cleared. Chemical irritants, rubber bullets, and unholstered batons descended upon the peaceful protesters. Protesters in the District of Columbia, our nation’s capital, were aggressively threatened and forcibly removed by members of the Secret Service, Park Police and D.C. National Guard to make way for the president. There is no need for legal explication, subtle issue analysis, or even recitation of precedent. The protesters were exercising their First Amendment right. They were in Lafayette Park because “the right to speak fosters the public exchange of ideas that is integral to deliberative democracy.”
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June 20, 2020 at 04:55AM
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Witnessing a Violation of the First Amendment | New Jersey Law Journal - Law.com
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