Republicans Launch the Biggest Protest Crackdown Since the Civil Rights Era

[babylonsister]

http://www.thedailybeast.com/republicans-launch-the-biggest-protest-crackdown-since-the-civil-rights-era


Republicans Launch the Biggest Protest Crackdown Since the Civil Rights Era
From immunizing motorists who strike protesters to criminalizing heckling, 20 states have passed a variety of laws to muzzle dissent since Donald Trump was elected president.
Bennett Gershman
06.20.17 1:00 AM ET


Since the election of President Trump, twenty 20 states have enacted or introduced new laws to curb protests. The bills by Republican lawmakers aims to increase penalties up to five years in prison for blocking streets and highways, immunize motorists who strike protesters, seize the assets of people involved in protests that turn violent, ban the use of masks or other disguises during protests, charge protesters for the costs of policing the protests, criminalize heckling of public officials, and allow universities to expel students convicted of participating in a violent protest.

This is not the first time in American history that protest movements have inspired draconian responses. Union organizers in the early 20th century, and civil rights protesters in the 1960’s were targets of legislative repression. But the flood of so many new bills is unprecedented in its scope. But equally unprecedented is the ability of social media to organize demonstrations, marches, and other public protest activities more rapidly and efficiently. Nevertheless, there is nothing to suggest that laws presently on the books are insufficient to regulate public protests and punish violent conduct. And if conducted peacefully, protests in whatever form are protected by the First Amendment.

As with every other constitutional right, the meaning and scope of the First Amendment’s right of the people “peaceably to assemble” is fuzzy, and as with any other right, it’s up to the courts to provide clarity. But the courts have consistently ruled that government cannot forbid protest activities that are peaceful. Nor can government impose unreasonable procedures or oppressive conditions on such activities, such as making it difficult to obtain a permit, requiring the protest to be conducted in a fixed zone far from the target of the protest, or imposing substantial financial conditions on protesting.

Nevertheless, government enjoys considerable latitude to regulate the time, place, and manner of demonstrations. Laws can regulate the time of a demonstration, the number of demonstrators, ban objects that could cause harm, and limit conduct that could endanger public safety.

The laws noted above raise serious First Amendment questions. Indeed, many of them are almost certainly unconstitutional. As examples, the Arizona law that exposes protesters to punishment under racketeering laws like RICO typically aimed at organized crime; a Florida law that exempts drivers from liability if they strike a protester; a Mississippi law that makes it a felony punishable by five years prison for anyone obstructing traffic; an Indiana law that allows police to shut down protests “by any means necessary;” a Minnesota law that allows jurisdictions to charge protesters the costs of policing the protests; a Missouri law that criminalizes wearing robes and masks during demonstrations; an Oklahoma law, introduced in response to protests at the Keystone and Dakota Access pipelines, that increases penalties for trespassing on certain pieces of infrastructure like pipelines and railroads and specifically targets environmental organizations that “conspire” with the protesters.

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http://www.thedailybeast.com/republicans-launch-the-biggest-protest-crackdown-since-the-civil-rights-era

[luvMIdog]

1. yeah they are all about freedom of speech FOR THEM and suppression for anyone else