Tag: riots

There’s no First Amendment right to criminal rioting

They aren’t right. They aren’t left. They aren’t white supremacists. They aren’t left wing nut jobs. They aren’t fascists. They aren’t protesters.  They aren’t peaceably assembling, and thus aren’t protected by the First Amendment.

THEY ARE CRIMINALS and deserve to be treated as such.

These CRIMINALS hijacked a situation that was poised to bring everyone together, foster a serious conversation about government – citizen relations. These CRIMINALS hijacked it for the tear down of society as a whole.

Protest peacefully during the day, but it’s time to clear the streets after 7PM. The Constitution does not give people the right to riot.

Governments are instituted among men for the protection of the whole. If these states, even with National Guard, cannot control rioters, cannot enforce their own laws, cannot protect people or private property or public property from damage, it’s time to invoke the Insurrection Act as was done in 1992 during the LA riots.

So you don’t have to look it up: 10 USC 333

Sec. 333. Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it–

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

Inconsistent

I have long decried inconsistent politicians. It’s why I always referred to myself as a public servant, not a politician. From the first time I ran for office, I said that I would clearly state my positions and when those positions were inconsistent with what voters wanted, I would be voted out of office.

That may sound simplistic and, frankly, it is. Other factors do come into play in an election loss. But for me, being inconsistent, changing my positions to win an election, means a loss of self. I’ve never been willing to sacrifice my beliefs to serve in elected office.

What does that have to do with the violence and riots over the past few years, and especially this week?

The cause of these riots is allegedly the death of black men at the hands of police. We know the names. But a deeper discussion reveals that those deaths are symptoms, not the cause. The cause is inconsistent treatment of people of color by police. Every person I’ve seen interviewed, every article I’ve read, says that’s the cause: inconsistent treatment.

But, what about inconsistent response by the public and government officials? By order of government:

  • We couldn’t eat in restaurants because more than 100,000 people have died of Covid.
  • We are under orders to only allow 25% capacity in a variety of businesses and to not gather in groups larger than 10 because more than 100,000 people have died of Covid.
  • We have been warned to wear masks, in some cases fined for not doing so, because more than 100,000 people have died of Covid.
  • We have been arrested for opening businesses or playing ball with our children because more than 100,000 people have died of Covid.
  • We are encouraged to call police and turn in our neighbors for having parties because more than 100,000 people have died of Covid.

Then, George Floyd died, one of approximately 1,000 (all races) annual deaths at the hand of police.  The response?

  • People take to the streets, rioting, no masks, no social distancing. Inconsistent.
  • People scream, curse, yell, push, harass, attack police officers, EMS workers, and firefighters, the same people they called just a few days ago if they were sick or dying of Covid (or anything else). Inconsistent.
  • People called for those publicly opposing the stay-at-home orders to be arrested for peacefully protesting, but these protests, peaceful or violent, are okay. Inconsistent.

Some of the people supporting these rioters on social media are the same people who just a few weeks were willing to turn in their neighbors for parties. Inconsistent. They publicly shamed people not wearing masks. Inconsistent. Some went so far as to hope people died for going out without masks or what was, in their opinion, too early.

Their incredible silence about these riots, or worse, their support of them is inconsistent and indefensible.

The inconsistent policing and inconsistent outcomes in our judicial system need to be addressed, both as it applies to people of color as well as the rich or well connected. But the inconsistent, and abhorrent, reaction does nothing to stimulate legitimate discussion about systematic changes. And, without that discussion, nothing changes.