A disturbing report on the continuing aftermath of the BLM protests. theguardian.com/us-news/2020/o…
It's disturbing in part because it's not obvious that existing First Amendment doctrine provides any protection to protestors who are prosecuted for resisting arrest or brandishing a weapon like a liquor bottle but who are really prosecuted because of their speech.
As in other contexts, prosecutorial discretion ends up taking a big bite out of our constitutional rights. Judges play a role too! The article reports that in one case a judge agreed to lower a protestor's bond only if he agreed to refrain from further public protest.
it is time to rethink the First Amendment rules of protesting.
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