bookmark_borderProtesting is labeled a “non-essential activity” in North Carolina

On Tuesday, over 100 people gathered in Raleigh, NC to protest against the state government’s stay-at-home orders. The group organizing the protest, ReOpenNC, characterizes (correctly, in my opinion) the restrictions on people and businesses imposed by Governor Roy Cooper as unconstitutional.

“You are in violation of the executive order,” a cop told the crowd. “You are posing a risk to public health. If you do not disperse, you will be taken and processed at Wake County jail.” Although most protesters eventually dispersed, one protestor, Monica Faith Ussery, was arrested and charged with violating the stay-at-home executive order. “I have a right to peacefully assemble,” she said.

After the protest, the Raleigh Police Department tweeted in response to a question, “Protesting is a non-essential activity.” In a separate statement, they wrote “More important is the health and wellness of all who live in our community… We simply want everyone to be safe during this very serious public health crisis.”

I don’t know about you, but I find it disturbing that the government can ban a fundamental First Amendment right simply because it is not essential. Ms. Ussery has a point: the First Amendment explicitly prohibits the government from making any law abridging “the right of the people peaceably to assemble.” In other words, protesting against government policies is precisely what the First Amendment was designed to protect. Health and wellness are important, but the government’s primary job should be to protect people’s freedoms. When a fundamental right can be taken away merely because it poses a risk to public health, then we are not living in a free country.

bookmark_borderAdditional thoughts on Straight Pride Parade, protests, and District Attorney

The Straight Pride Parade that took place two weeks ago inspired a wide variety of reactions from politicians, judges, law enforcement officials, and others. Here is a summary of these developments and my opinions on them:

Battle between Suffolk D.A. and judge

36 people who protested against the parade were arrested for crimes such as disorderly conduct, resisting arrest, and assault and battery on police officers. For 20 arrestees charged only with the first two crimes, the Suffolk County District Attorney’s office attempted to drop the charges, but Boston Municipal Court Judge Richard Sinnott ordered them to be arraigned anyways. This did not please Suffolk D.A. Rachael Rollins, who successfully petitioned the Supreme Judicial Court to overturn the judge’s decision. “By compelling arraignment in every case, the judge punished the exercise of individuals’ First Amendment right to protest,” Rollins said in a statement. “At my request, prosecutors used the discretion constitutionally allocated to the executive branch to triage cases and use our resources most effectively to protect public safety… For those people now tangled in the criminal justice system for exercising their right to free speech—many of whom had no prior criminal record—I will use the legal process to remedy the judge’s overstepping of his role.”

But from what I observed at the parade, the protesters were not merely exercising their First Amendment rights to free speech. They were attempting to prevent the parade marchers, whom they vastly outnumbered, from exercising theirs. Screaming at, swearing at, taunting, and insulting people for expressing a minority viewpoint is not free speech; it is bullying. Some protesters against the parade went so far as to openly advocate violence. According to the Boston Herald, an Antifa member named Jon Crowley said that violence was the only appropriate response to the parade. “We’re covered in black so when we attack these guys we can’t be prosecuted,” Crowley said. “They are fascists, 100%. How else are you going to get them to shut up?”

News flash: you do not have a right to get people to “shut up” when you disagree with their views. That’s the whole point of the First Amendment. People who attempt to silence and bully those with unpopular views should, when their actions rise to the level of breaking the law, be prosecuted as zealously and punished as severely as the law allows. Situations like what happened at the parade are the least appropriate situation for prosecutors to consider dropping charges. Also, contrary to what D.A. Rollins implied in her statement, public safety should not be the most important priority of the D.A.’s office; justice should be. And the most important part of justice is standing up for the rights of individuals (such as the parade marchers) against those who would trample on them (such as the jeering mobs of protesters).

John Ciccone, editor of South Boston Today, expressed his thoughts in an emailed statement with which I wholeheartedly agree: “It is the opinion of this newspaper and the overwhelming majority of readers heard from on this matter that the position and action Suffolk County DA Rollins has taken is absolutely wrong. In regard to the members of the so called ANTIFA organization, DA Rollins’ actions encourages the thug like violence of that group, who routinely have denied the rights of free speech and legal and peaceful protest of those they disagree with, not only in Boston during last weekend’s incidents, but in cities all across the nation. Those members of ANTIFA should be made an example of and be prosecuted to the full extend of what the law allows and if found guilty, given the maximum penalty. The message sent out should be loud and clear that they will not be allowed to come into Suffolk County and attack civilians and members of law enforcement without paying a heavy price for those actions.”

Continue reading “Additional thoughts on Straight Pride Parade, protests, and District Attorney”