Police must act fast to protect First Amendment rights: Robert Shibley – USA TODAY
Robert Shibley, Opinion contributor Published 10:22 a.m. ET Aug. 17, 2017 | Updated 10:24 a.m. ET Aug. 17, 2017
In Charlottesville, Va., on Aug. 13, 2017.(Photo: Tasos Katopodis, epa)
Americans were shocked by the naked political violence we saw this weekend in Charlottesville, Va. Commenters on the left and the right immediately blamed the usual suspects. The right blamed identity politics. The left blamed entrenched racism. But an obvious cause of injury and death is once again being overlooked: the fact that the violence was allowed to get underway at all.
State, local, and even college campus leadership appear to be telling police to stand by while some degree of unlawful violence takes place right before their eyes. Yet when that violence predictably spirals out of control, the authorities profess their inability to have done anything to stop it. Meanwhile, those inclined to violence are emboldened, secure in the knowledge that the publicity payoff is high and the odds of punishment low.
More: Three homeland security lessons from Charlottesville: Michael Chertoff
More: Trump Tower presser proved our president is far worse than a racist
This must stop. Freedom of expression is what gives us the ability to hash out societal issues through argument instead of physical conflict, but it is only meaningful when people are reasonably confident that they will be physically safe while they speak and listen. When the authorities simply stand by and let political violence occur, even in the hope of the conflict somehow de-escalating itself, they send the message that both sides have a free hand to violently attack their opponents. This makes a mockery of the First Amendment rights to free speech and assembly.
After the riot that successfully prevented Milo Yiannopoulos from speaking at the University of California, Berkeley, in February, many reported on the conspicuous lack of police involvement despite the injuriesand destruction. I personally spoke to a woman who had come to see the speech. Having been pepper-sprayed and nearly blinded by a violent protester, she told me she crawled over three layers of crowd barriers to reach a building with dozens of police inside. Yet when she reached the door, the police refused her entry.
Likewise, CNN reported that in Charlottesville, both sides agree that one group didn't do enough to prevent the violence as the crowds grew and tensions flared: the police. The organizer of the Unite the Right rally complained that police purposefully created the catastrophe that led to a melee in the streets of Charlottesville, while a Black Lives Matter leader attending the counter-protest remarked, It's almost as if they wanted us to fight each other.
More: Trump champion: Bury Confederate romanticism. It's indefensible and bad for GOP.
POLICING THE USA: A look atrace, justice, media
Its hard to think of a more thankless task than riot policing. But when authorities fail at the basic task of preventing mob violence, both political and policy questions need to be asked. When the Huffington Post reports that Several times, a group of assault-rifle-toting militia members from New York State played a more active role in breaking up fights than the police, law enforcements response needs serious rethinking.
There is one group of people who have so far consistently benefitted when political violence has been allowed to take place: the politicians who lead our localities and the de facto politicians who run our campuses. They avoid the political fallout from images of police confronting violent protesters (who may also be their supporters), they get to blame whichever side they like less for causing the violence, and get to pretend to fulfill their responsibility to keep people safe by making it harder for controversial viewpoints to be expressed.
Ann Coulter had to cancel a speech at Berkeley after the school insisted it would not be safe for her to speak on campus. Virginia Governor Terry McAuliffe blamed the ACLU of Virginia and a federal judge for blocking the citys attempt to revoke the rallys permit, saying We've got to look at these permits. This week, Texas A&M and the University of Florida announced that safety concerns prevented them from hosting speeches by Richard Spencer that are several weeks away. In contrast, in the 1960s American Nazi Party founder George Lincoln Rockwell was able to speak at UCLA, Michigan State, Brown, and other colleges, before audiences containing people who might have fought or lost loved ones to actual German Nazis. How can it be that hosting a similar speaker is impossible now?
Trading our free speech rights for the opportunity to be victimized by political violence is tremendously foolish, as is turning the blame for it on our civil liberties or those who defend them. Benjamin Franklin famously told a curious Philadelphian that Americas founders had given us a republic, if you can keep it. This is exactly what he was talking about.
Robert Shibley, an attorney, is executive director of the Foundation for Individual Rights in Education (FIRE).
You can read diverse opinions from ourBoard of Contributorsand other writers on theOpinion front page, on Twitter@USATOpinionand in our dailyOpinion newsletter. To respond to a column, submit a comment toletters@usatoday.com.
Read or Share this story: https://usat.ly/2wdmXID
Read the original here:
Police must act fast to protect First Amendment rights: Robert Shibley - USA TODAY
- Florida chooses harassment and intimidation, over the First Amendment | Letters - Tampa Bay Times - October 19th, 2025 [October 19th, 2025]
- Test your Constitutional knowledge: Are these protests protected by the First Amendment? - AL.com - October 19th, 2025 [October 19th, 2025]
- Know Your First Amendment Rights Before the Assignment - National Press Foundation - October 19th, 2025 [October 19th, 2025]
- Lawrence school board candidates share how they would apply the First Amendment while in office - Lawrence Journal-World - October 19th, 2025 [October 19th, 2025]
- Florida chooses harassment and intimidation, over the First Amendment | Letters - Yahoo - October 19th, 2025 [October 19th, 2025]
- First Amendment rights and whether you really should say that - The Republic News - October 19th, 2025 [October 19th, 2025]
- The Knight Institutes Ramya Krishnan on the Trump Administrations Unconstitutional Targeting of Noncitizen Speech - First Amendment Watch - October 19th, 2025 [October 19th, 2025]
- A Brief Legal Analysis of the Department of Educations Proposed Compact for Higher Education - | Knight First Amendment Institute - October 17th, 2025 [October 17th, 2025]
- Attorney General Bonta Co-Leads Multistate Coalition in Defense of First Amendment Protections for Noncitizen Students and Faculty - State of... - October 17th, 2025 [October 17th, 2025]
- Brown University Rejects Trumps Offer for Priority Funding, Citing Concerns Over Academic Freedom - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- Prominent First Amendment lawyer Floyd Abrams to give annual Amanpour lecture Rhody Today - The University of Rhode Island - October 17th, 2025 [October 17th, 2025]
- Do Government Media Policies Like the Pentagons Violate the First Amendment? - Freedom Forum - October 17th, 2025 [October 17th, 2025]
- COLUMN: Jimmy Kimmel cant hide behind the First Amendment | Mike Rosen - Denver Gazette - October 17th, 2025 [October 17th, 2025]
- Journalists Turn in Access Badges, Exit Pentagon Rather Than Agree to New Reporting Rules - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- 5 days and the First Amendment's future: CSU reinstates free speech policy following weeklong protests - The Rocky Mountain Collegian - October 17th, 2025 [October 17th, 2025]
- Federal Judge Blocks Texas From Enforcing Law Giving the First Amendment a Bedtime by Banning Overnight Protest Encampments - The New York Sun - October 17th, 2025 [October 17th, 2025]
- Fox News rebuke shows Trumps attacks on First Amendment are hitting roadblocks - CNN - October 15th, 2025 [October 15th, 2025]
- Americans agree the First Amendment is important, but many are unsure why, survey says - AL.com - October 15th, 2025 [October 15th, 2025]
- Chiles v. Salazar : a Defining Test for the First Amendment - City Journal - October 15th, 2025 [October 15th, 2025]
- State of the First Amendment Address to focus on algorithms, free expression, AI - University of Kentucky - October 15th, 2025 [October 15th, 2025]
- New York Times, AP, Newsmax Among News Outlets Who Say They Wont Sign New Pentagon Rules - First Amendment Watch - October 15th, 2025 [October 15th, 2025]
- Editors notebook: The First Amendment under threat in Tennessee - Tennessee Lookout - October 15th, 2025 [October 15th, 2025]
- U.S. news organizations reject Pentagon reporting rules, say they undermine First Amendment - The Globe and Mail - October 15th, 2025 [October 15th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Fulcrum - October 15th, 2025 [October 15th, 2025]
- California Wants To Punish Social Platforms for Aiding and Abetting the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- Hegseths First Amendment war: The press is correct to walk away from ridiculous Pentagon pledge - New York Daily News - October 15th, 2025 [October 15th, 2025]
- The First Amendment is fading and we are letting it happen - Talon Marks - October 15th, 2025 [October 15th, 2025]
- Friday Oct. 17 12:30pm-1:30pm Zoom event: Trump, the Media, and the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise. - FIRE | Foundation for Individual... - October 13th, 2025 [October 13th, 2025]
- 'Retaliation For Protected First Amendment Activity' - NASA Workers Union Sues Trump Over 'Unlawful' Effort To Strip Collective Bargaining Rights -... - October 13th, 2025 [October 13th, 2025]
- We took the freedom of speech away: On First Amendment, Trump says quiet part out loud - MSNBC News - October 11th, 2025 [October 11th, 2025]
- Opinion: Why NPRs dispute with CPB really is about the First Amendment - current.org - October 11th, 2025 [October 11th, 2025]
- Jane Fonda Helps Revive Committee For The First Amendment - Honolulu Civil Beat - October 11th, 2025 [October 11th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - the-independent.com - October 11th, 2025 [October 11th, 2025]
- Are KY mans Halloween decorations protected by First Amendment? What experts say - Lexington Herald Leader - October 11th, 2025 [October 11th, 2025]
- National Review : The First Amendment Applies to the Doctors Office, Too - Pacific Legal Foundation - October 11th, 2025 [October 11th, 2025]
- Are College GameDay Signs Protected by the First Amendment? - Freedom Forum - October 11th, 2025 [October 11th, 2025]
- Kirk, Kimmel and the First Amendment | Letter to the editor - Mercer Island Reporter - October 11th, 2025 [October 11th, 2025]
- Jimmy Kimmels First Amendment right to be annoying | Andrew D. Hayes - MassLive - October 11th, 2025 [October 11th, 2025]
- Muslim activists cite First Amendment as defense for vandalizing Texas church with anti-Israel graffiti - Christian Post - October 11th, 2025 [October 11th, 2025]
- When Conversion Therapy Meets the First Amendment: A Landmark Case Before the U.S. Supreme Court - ZENIT - English - October 11th, 2025 [October 11th, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Laconia Daily Sun - October 11th, 2025 [October 11th, 2025]
- A Matter of Fact: The gift of the First Amendment - 9News - October 11th, 2025 [October 11th, 2025]
- Rutherford Co. teacher fired for comments about Kirk files First Amendment lawsuit - The Daily News Journal - October 11th, 2025 [October 11th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Conversation - October 9th, 2025 [October 9th, 2025]
- Mary Rose Papandrea Installed as Burchfield Professor of First Amendment and Free Speech Law - GW Today - October 9th, 2025 [October 9th, 2025]
- Supreme Court Weighs First Amendment Challenge to Colorados Ban on Conversion Therapy for Minors - Law Commentary - October 9th, 2025 [October 9th, 2025]
- 'We took the freedom of speech away:' Trump on flag burning protection, First Amendment - USA Today - October 9th, 2025 [October 9th, 2025]
- Jane Fonda heads celebrity-organized Committee for the First Amendment - The Tufts Daily - October 9th, 2025 [October 9th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - The Independent - October 9th, 2025 [October 9th, 2025]
- CAC Release: Colorado Banned Conversion Therapy Because It Is Harmful. That Conversion Therapy is Accomplished Through Speech Does Not Make Colorados... - October 9th, 2025 [October 9th, 2025]
- Board of Health gets updates in wake of First Amendment audit controversy - Hopkinton Independent - October 9th, 2025 [October 9th, 2025]
- A new lawsuit claims the federal government is infringing on first amendment rights | First Listen - NPR Illinois - October 9th, 2025 [October 9th, 2025]
- Letter to the editor: Beware of abridgement of the First Amendment - The Independent Record - October 9th, 2025 [October 9th, 2025]
- NPPA raises First Amendment concerns over largest drone flight ban ever issued in US - Editor and Publisher - October 9th, 2025 [October 9th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - EL OBRERO | Periodismo Transversal - October 9th, 2025 [October 9th, 2025]
- Cancel culture is undermining the First Amendment and the press is helping | Column - Tampa Bay Times - October 7th, 2025 [October 7th, 2025]
- Charlie Kirks Death Has Created New Debates Around The First Amendment - Religion Unplugged - October 7th, 2025 [October 7th, 2025]
- FBI Cuts Ties With Southern Poverty Law Center, Anti-Defamation League After Conservative Complaints - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- How Unique is the First Amendment? featuring Floyd Abrams Harrington School of Communication and Media - The University of Rhode Island - October 7th, 2025 [October 7th, 2025]
- Apple and Google Block Apps That Crowdsource ICE Sightings. Some Warn of Chilling Effects - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- Iconic First Amendment Attorney To Offer Forecast 2026 Keynote - Radio & Television Business Report - October 7th, 2025 [October 7th, 2025]
- Opinion: Local journalism is too important to give up on, and the First Amendment is too important to surrender - Anchorage Daily News - October 7th, 2025 [October 7th, 2025]
- The Trump administration is waging a systematic assault on First Amendment - The Durango Herald - October 7th, 2025 [October 7th, 2025]
- Press, protesters sue Trump administration over First Amendment violations at ICE facility in Broadview - Yahoo - October 7th, 2025 [October 7th, 2025]
- SCOTUS To Consider Whether Conversion Therapy Bans Violate First Amendment - GO Magazine - October 7th, 2025 [October 7th, 2025]
- California educators First Amendment rights face test in wake of Charlie Kirks killing - EdSource - October 4th, 2025 [October 4th, 2025]
- Reagan-Appointed Judge Calls Out Trumps Full-Throated Assault on the First Amendment - Democracy Docket - October 4th, 2025 [October 4th, 2025]
- Federal judge overturns part of Fla. book-ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - Middle... - October 4th, 2025 [October 4th, 2025]
- Senators Blumenthal and Warren on First Amendment and the FCC - C-SPAN - October 4th, 2025 [October 4th, 2025]
- A Word From Legal: Social Media, the First Amendment, and You - Maryland State Education Association - October 4th, 2025 [October 4th, 2025]
- League of Women Voters spotlights First Amendment - Midland Daily News - October 4th, 2025 [October 4th, 2025]
- A grave dancing teacher tests the First Amendment in San Jacinto public schools - Orange County Register - October 4th, 2025 [October 4th, 2025]
- Clemson University being sued, claiming the school violated First Amendment - WLTX - October 4th, 2025 [October 4th, 2025]
- First Amendment invoked in bid to demolish Holy Cross Catholic Church. Here's what historic board decided - IndyStar - October 2nd, 2025 [October 2nd, 2025]
- Is counseling entitled to protection under the First Amendment? - American Psychological Association (APA) - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches Committee for the First Amendment With Support of 550 Celebrities Including Pedro Pascal, Viola Davis and More - Variety - October 2nd, 2025 [October 2nd, 2025]
- US stars back relaunched Committee for the First Amendment - Music Ally - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda reboots Committee for the First Amendment: Artists must speak out before its too late - The Hill - October 2nd, 2025 [October 2nd, 2025]
- Nearly 80 years after McCarthyism, Jane Fonda relaunches Committee for the First Amendment: The stakes are too high - CNN - October 2nd, 2025 [October 2nd, 2025]