Sunday, January 31, 2021

Importance of the First Amendment within Black Lives Matter

 



One of the most inspiring topics that defined 2020 was the Black Lives Matter movement. After George Floyd Jr. was killed by a police officer kneeling on his neck and crushing his airway, protests and hashtags spread across the United States (and some other countries around the world) like wildfire. There was no stopping it once it started, and the activists proved that as they strongly utilized their First Amendment rights/freedoms. 


Obviously, one of the most important rights displayed throughout the Black Lives Matter movement was the right to freedom of assembly. This was expressed through countless peaceful protests, whether it was a march with signs supporting black lives or a simulation of George Floyd's death by 'laying dead' in the street for 7 minutes and 46 seconds. As long as they remain peaceful, the government cannot stop protestors because that would violate their First Amendment rights. If the speech is peaceful - in this case, the assembly/protest is considered the speech - then it stays protected under the Constitution; when the assembly becomes violent, such as cop cars being lit on fire as incitement, that's when protected speech becomes an unprotected action. According to the Speech/Action dichotomy, once something becomes an unprotected action, the government has the right to get involved and violate the First Amendment. A blog created by Adams and Bischoff Inc. about Understanding the First Amendment Rights clarifies that "gatherings that evolve into violence, theft, or destruction of property are forms of protesting that are not permitted and can be legally restricted under the government.". 

Of course, all 6 freedoms listed under the First Amendment are important, and to make them even more substantial, all of them are somehow connected. The Black Lives Matter movement provides the right to freedom of speech because the protestors are able to state their opinions verbally and on signs, it provides provides the right to the freedom of assembly because the government cannot stop people from using their speech during a peaceful assembly or protest, and it provides the right to freedom of the press which allows the spread of media and journalism that peacefully addresses opinions about the protected speech. In a country such as China or Iraq, people would be putting their lives at risk just to speak their minds; here in the United States, the Constitution provides us with the protection needed to keep our own voices and use them to freely express our own ideals safely and peacefully, without government involvement.


Sources

https://adamsbischoff.com/blog/understanding-your-first-amendment-rights-when-protesting/

https://www.archives.gov/founding-docs/constitution-transcript

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