When Police declare a RIOT protesters lose their rights to “protest.” Those who stay and actively take part, no matter how “peaceful” some may be, are engaging in criminal behavior.
(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent—
(2) to organize, promote, encourage, participate in, or carry on a riot; or
(3) to commit any act of violence in furtherance of a riot; or
and who either during the course of any such travel or use or thereafter performs or attempts to perform any other act for any purpose
When “peaceful protesters” fail to disperse after a riot is declared, they are engaging in criminal behavior.