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In response to the death of George Floyd at the hands of Minneapolis police, people across the US and throughout the world have taken to the streets to demand racial justice and an end to police brutality and systematic racism against Black people. Some of the responses of our federal, state, and local governments in the past 72 hours are raising red flags and calling into question the police response to the protests and the curfews that have been imposed.

The right to protest is fundamental to our democracy and sacrosanct. The Founding Fathers thought that the right was so important that they wrote it into the first 45 words of the Bill of Rights and labeled it the First Amendment to the U.S. Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

As the Supreme Court observed in 1958, It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the liberty assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.

In an eerie coincidence of numerical proportions, the 45th President is aiming to thwart, limit, or outright eviscerate the fundamental right to protest and have grievances heard. On Monday, President Trump left the White House, walked across Lafayette Park in Washington, D.C. and posed in front of St. Johns Episcopal Church while holding a Bible. The path to this photo op was cleared by the U.S. Park Police, Secret Service, Department of Homeland Security, and other agencies. The overwhelmingly peaceful protesters and members of the media then on the streets near the church were driven from the area using aggressive and violent crowd control tactics, which included tear gas, rubber bullets, smoke canisters, pepper spray pellets, and brute force.

The debate as to whether tear gas or smoke were really used on the protesters is hollow. It was a crowd of American citizens engaged in constitutionally protected protests against police violence. It doesnt matter what was used to clear the demonstration, because the gathered crowd was simply exercising their rights to be heard as they spoke out against the very sort of injustice that was suddenly used to disperse them. Imagine the heartbreaking absurdity of sanctioning police brutality at a protest against police brutality.

The simple reality cannot be brushed aside by rhetoric or partisan sound-bites. The clear and undeniable fact remains that law enforcement officers who harass peaceably assembled citizens are violating the First Amendment, no matter the tactic used. It is unlawful and those rights must be protected.

Even though the incident on Monday in Washington, D.C. occurred before the curfew set by the mayor, curfews in and of themselves violate civil liberties. Public officials at every level of government are making arbitrary decisions about when, where, and what time citizens are allowed to have their voices heard. Just like it is wrong to forcefully disperse protesters before curfew, it is just as wrong to disperse them after curfew.

Under state law, cities and counties can impose curfews during a state of emergency to provide for the protection of life and property. However, there must be actual or imminent violence beyond the means of the government to address the issue. But curfews are enforced in very arbitrary and discriminatory ways. Historically, curfews have been used to suppress the voices of the people.

Even if curfews are being enacted for a legitimate purpose, there is an added danger for continued police misconduct. This is not an irrational fear but a stark reality that has been broadcast not only on the television news but throughout social media. The chilling scenes have played out daily since the imposition of curfews where law enforcement rush crowds of peaceful protesters the minute curfew begins like a ticking time-bomb that explodes as soon as the clock strikes. Many of the violent confrontations have occurred under the cover of curfew enforcement. Unfortunately, depending on the particular agency enforcing the curfew, a crowd could encounter a warning to go home, a ticket, mass arrests, or even rubber bullets.

The government and law enforcement have a goal of curtailing the rioting, looting, and destruction of property. But those interests must be weighed against a sweeping infringement of a fundamental right. The use of force, such as arrests, or the use of less-lethal weapons, should not be imposed against protesters unless strictly unavoidable. Otherwise the intended effect would constitute a muzzling of voices and censorship.

We will gladly represent anyone whose rights have been infringed.

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The First Amendment Is Sacrosanct - SF Weekly

Nothing more vividly illustrates the threat this moment poses to democratic freedoms than the violence that has been leveled against peaceful protesters and the assaults and arrests of members of the media covering the demonstrations. On Monday, citing the events of the past week, we at the Knight First Amendment Institutecalledon public officials at all levels to reaffirm their commitment to these freedoms of speech and the press, and to take responsibility for safeguarding and promoting those freedoms. History will judge the president harshly, we wrote, but it will also judge every elected and law enforcement official around the country for the actions they takeor refuse to takeat this critical moment.

But the right tofree expression was being tested even before the police killing of George Floyd. The pandemic exposed not only serious weaknesses in the country'spublic health and social welfare systems, but it also revealed deep problems in thelaws and norms that shapethe public'scapacity to gather and access information, distinguish facts, think creatively, participate in debates and collective decision making, evaluate resultsand navigate novel questions surrounding data collection and sharing, surveillanceand privacy.

Over the last few months, the Knight Institute has challenged rules that restrict public health officials from speaking out, in their private capacities, about the pandemic and the governments response to it. We have called attention to the implications of some contact-tracing proposals for privacy and freedom of association, and we have explored proposals that would give the public greater access to public health data in private hands.

The dangerous assaults on First Amendment freedoms that we are seeing in the street need to end immediately. But once the countrypulls back from the precipice, all of us who are committed to a First Amendment that serves democracy will still have a great deal of work to do.

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Protest, the Press and the First Amendment Imperiled | Columbia News - Columbia University

The FBI respects the rights of individuals to peacefully exercise their First Amendment rights. Our mission of protecting the American people and upholding the Constitution is dual and simultaneous, not contradictory.

Accordingly, we are committed to apprehending and charging violent instigators who are exploiting legitimate, peaceful protests and engaging in violations of federal law. The continued violence, potential threat to life, and destruction of property across the United States interferes with the rights and safety of First Amendment-protected peaceful demonstrators, as well as all other citizens.

To help us identify actors who are actively instigating violence in the wake of Mr. George Floyds death, the FBI is accepting tips and digital media depicting violent encounters surrounding the civil unrest that is happening throughout the country.

If you witness or have witnessed unlawful violent actions, we urge you to submit any information, photos, or videos that could be relevant to the case at fbi.gov/violence.

You may also call 1-800-CALL-FBI (800-225-5324) to verbally report tips and/or information related to this investigation.

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Seeking information on individuals inciting violence during First Amendment-protected peaceful demonstrations | News, Sports, Jobs - Daily Mining...

WASHINGTON D.C. (KSNW) The FBI issued a release Monday stating they respect the rights of individuals to peacefully exercise their First Amendment rights, and that their mission of protecting the American people and upholding the Constitution is dual and simultaneous, not contradictory.Accordingly, the FBI said they are committed to apprehending and charging violent instigators who are exploiting legitimate, peaceful protests and engaging in violations of federal law. The continued violence, potential threat to life, and destruction of property across the United States interferes with the rights and safety of First Amendment-protected peaceful demonstrators, as well as all other citizens.To help the FBI identify actors who are actively instigating violence in the wake of Mr. George Floyds death, they are accepting tips and digital media depicting violent encounters surrounding the civil unrest that is happening throughout the country.

The FBI is urging anyone who witnesses or has witnessed unlawful violent actions to submit any information, photos, or videos that could be relevant to the case atfbi.gov/violence. Information may also be submitted by calling 1-800-CALL-FBI (800-225-5324) and verbally reporting tips and/or information related to this investigation.

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FBI seeking information on individuals inciting violence during First Amendment-protected peaceful demonstrations - KSN-TV

HARRISBURG, PA The Pennsylvania Commissions on African American, Latino, Asian Pacific American, Women and LGBTQ Affairs, overseen by Gov. Tom Wolf, released a joint statement honoring the memory of George Floyd and other Americans of color who have lost their lives to police violence, and denouncing indoctrinated racism, bigotry and sanctioned violence.

In the wake of the murder of George Floyd in Minneapolis, our nation has erupted into civil unrest. These protests are a byproduct of centuries of racism, bigotry, and sanctioned violence against black and brown communities. The anger and frustration being expressed nationally by communities of color has been fueled by a federal administration that has shown a complete disregard for the wellbeing of its citizens. We stand with the families of those who have lost their lives or have been affected by police violence and empathize with the feelings of outrage at a system that has yet to change.

To be a strong, successful community, we need every Pennsylvanian that includes Pennsylvanians who are Black. Amid deep grief and moral outrage, we see acts of grace and leadership. We are reminded that the Civil Rights Movement is not history because its great work is still unfinished. Every Pennsylvanian is called upon to take up this crucial work. We stand together in the presence of that righteous calling today.

Jalila Parker, executive director of the Governors Advisory Commission on African American Affairs stated:

We are witnessing a public outcry, a demand for America to acknowledge the institutional and systemic pain the Black community has faced. We affirm the rights of those who march, stand, or kneel. They are demonstrations of our collective grief; a tribute to all the Black lives lost to police brutality, violent crime, and COVID-19. Although social distancing prevents us from wrapping our arms around you, we will not be silent in our pain, grief, love, and support.

Luz Colon, executive director of the Governors Advisory Commission on Latino Affairs (GACLA), stated:

(GACLA) expresses the sincerest condolences and deepest sympathies for the Floyd family and to all Americans directly and indirectly affected by racism against the Black and Brown communities across this great nation. Acts of bigotry, hatred, and racism will not define or destroy us they never have, they never will. We will conquer together and get through this with our collective resilience. We will prove that isolated acts of hatred cannot undo the bonds that have unified our communities for centuries.

Mohan Seshadri, executive director of the Governors Advisory Commission on Asian Pacific American Affairs, stated:

Just as so many of our Black siblings stood with us over the past six months of COVID-inspired anti-Asian racism, we stand with our Black communities across Pennsylvania and the nation as they lead protests aimed straight at the racism at the heart of our systems. We know that if Asian communities in Pennsylvania are to have all we need to be safe, healthy, and strong, the same must be true of Black and Latinx communities, and we are committed to making that happen. We also hear the voices of Asian, Black, and Latinx small businesses devastated not just by the past few days, but by months of pandemic. Many of those impacted are community elders, new immigrants, and non-English speakers, and are therefore vulnerable to COVID-19, barely scraping by and lacking insurance. Our institutions should turn away from militarization, escalation, and violence, and instead invest in our communities, ensure justice for all, and provide support to assist those affected with recovering from the past few days, as well as reverse decades of exploitation, disinvestment, and neglect.

Danielle Okai, executive director of the Pennsylvania Commission for Women, stated:

What weve seen unfolding on our screens over the past couple of days is the continuance of a rich legacy of protest and uprising that Americans who are Black have had to engage in since their first arrival on American shores. Study after study, as well as our lived experiences, reveal this undeniable fact: We live in a deeply, deeply unequal society. In Pennsylvania, as in many states, people who are Black are much more likely to die at the hands of police than any other group of Pennsylvanians. This is unacceptable. As a Black woman, I fear for my life, the lives of my loved ones, and the lives of all Black Pennsylvanians. Martin Luther King Jr. is beloved today, but in his time many feared his dogged pursuit of equality. Among the swells of protestors across our commonwealth, across our nation, and across the world marches the next generation of leaders the next Fannie Lou Hamer, the next Ida B. Wells, the next June Jordan. Their struggle for peace will ensure a better world for us all.

Rafael lvarez Febo, executive director of the Pennsylvania Commission on LGBTQ Affairs, stated:

As June dawns on us we are reminded that the Stonewall uprising was a riot, that those actions helped launch LGBTQ civil rights movements across the United States, and that they were led by Marsha P. Johnson and Sylvia Rivera, two transgender women of color, alongside other activists. We cannot separate what we celebrate as Pride month from the crucial actions taken by citizens in search of justice in an unjust system. Although there has been a few instances of violence and property damage, the overwhelming majority of people have taken to the streets to peacefully demonstrate and express their First Amendment rights.

The Commissions will continue to work closely with community stakeholders and Gov. Wolf to bring about the changes needed in the commonwealth for justice while preserving public safety.

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Pennsylvania Commissions Jointly Issue Statement Defending the First Amendment Right to Protest and Air Grievances - MyChesCo