Lawyer and amateur historian Michael Buckner uses the History, Law & Justice podcast to explore legal issues affecting governance, society and culture of the United States and other civilizations, past and present, using history as his guide. From Ancient Greece, Egypt and Rome to the present digital age, Michael enthusiastically uses past historical and cultural lessons to assist his understanding of the how’s and why’s of our modern society.
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Lawyer and amateur historian Michael Buckner uses the History, Law & Justice podcast to explore legal issues affecting governance, society and culture of the United States and other civilizations, past and present, using history as his guide. From Ancient Greece, Egypt and Rome to the present digital age, Michael enthusiastically uses past historical and cultural lessons to assist his understanding of the how’s and why’s of our modern society.
Peaceful or Violent: When Does An Assembly Lose Its First Amendment Protection?
History, Law & Justice
7 minutes 21 seconds
5 years ago
Peaceful or Violent: When Does An Assembly Lose Its First Amendment Protection?
Host and attorney Michael Buckner reviews the First Amendment to the U.S. Constitution in light of the protests, demonstrations and riots stemming from the May 25, 2020, death of George Floyd, an unarmed black man who was held down at the neck by a police officer for more than eight minutes. The right to peaceful assembly is protected by the First Amendment. In the episode, Michael summarizes when the First Amendment’s protections for a citizen’s right to an assembly end when it crosses the threshold from peaceful demonstration to violence.
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Citations:
"Assembly and Association," Bill of Rights Institute (n.d.), available at: https://billofrightsinstitute.org/educate/educator-resources/landmark-cases/assembly-and-association.
Ashutosh Bhagwat, “Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly,” 89 Wash. U. L. Rev. 1381 (2012).
David L. Hudson Jr., “Freedom of Assembly Overview” (Oct. 29, 2002), https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-assembly/freedom-of-assembly-overview.
John D. Inazu, Factions for the Rest of Us, 89 WASH. U. L. REV. 1435, 1438–40 (2012) (responding to concerns about the line between peaceable and violent assembly).
"Learning to Give," Right to Assemble (n.d.), available at: https://www.learningtogive.org/resources/right-assemble.
James L. Walker, "Brandenburg v. Ohio (1969)," The First Amendment Encyclopedia (n.d.), available at: https://www.mtsu.edu/first-amendment/article/189/brandenburg-v-ohio
History, Law & Justice
Lawyer and amateur historian Michael Buckner uses the History, Law & Justice podcast to explore legal issues affecting governance, society and culture of the United States and other civilizations, past and present, using history as his guide. From Ancient Greece, Egypt and Rome to the present digital age, Michael enthusiastically uses past historical and cultural lessons to assist his understanding of the how’s and why’s of our modern society.
