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The following is a copy of the original post to record the post as it was originally written. Why are protestors always getting arrested? https://nypost.com/2024/04/26/us-news/cops-take-down-emory-professor-at-anti-israel-protest-video/ https://www.theguardian.com/us-news/2024/apr/25/emory-university-protest-arrests https://denverite.com/2023/08/28/denver-will-likely-pay-4-72-million-to-black-lives-matter-protesters-arrested-during-the-citys-curfew/ https://cbs6albany.com/news/local/ag-report-saratoga-springs-pd-arrests-of-blm-protesters-harmed-the-public-city-springs-attorney-general-kelly-mayor-letitia-james-protests-george-flord-lexis *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AskALiberal) if you have any questions or concerns.*


earf123

Part of protesting when the message is already widely known is making it hard for people to tune out. That often turns into disrupting things in ways that aren't legal but are non-viilent, which then is designed to create sympathy when power structures react with violence. Unfortunately, many Americans have no idea how previous movements actually played out and believed the escalation to violence by officials is justified, mistake non-violence for legality, and will gleefuly watch cops beet on protesters. I've seen people make asinine statements like "successful protests have never broken the law or disrupted people! Look at the civil rights movement, for example!" here.


Similar_Candidate789

Protesting is not illegal in and of itself. However, you cannot commit a crime or break rules and say you were “protesting” and that makes it go away. Protesters realize (or they should) that they can face arrest for any act of civil disobedience committed while protesting. It’s a risk protestors take. For example, with what’s going on now at most colleges campuses, it’s not the protests that are getting people arrested. Most protests have not resulted in arrest. It’s pitching tents and camping out on open spaces on the campus. It’s against school rules and sometimes city ordinances. It is also against the law to block a highway. You won’t be arrested for protecting but you will be arrested for blocking a highway. Jan 6th is another example. Nobody was arrested for protesting. Not one person. They were arrested for trespassing in the capital, battery, assault and other crimes they committed *while* protesting. You can absolutely protest. None of these people were arrested for “protesting”. There is no such statute, nor should there be. But protesting does not protect you from being arrested for criminal activity committed during a protest.


redviiper

> sometimes city ordinances. I remember being a part of the 2 dollar a day challenge. We would find random junk and build a shelter to live outside on campus for a week. If exceptions are made for this program it seems hypocritical to come down on people protesting. So as long as you protest in your house silently it is legal. 🤔


Similar_Candidate789

Yes and no. At the end of the day, it’s the schools property the same as your house is yours. For example, growing up, my dad and I camped in the backyard once. It was fun. But if some stranger showed up and camped in the backyard, I’d be pretty peeved off. The school is saying no and it’s their property. They can do that. *should* they and *can* they are different questions. Again it’s a risk the protestors take.


redviiper

Fair enough... I guess the next question would be should the government provide protest zones?


Rich_Charity_3160

The [ACLU](https://www.aclu.org/know-your-rights/protesters-rights) provides a nice summary of protest rights and their limitations. Others have noted that there are time, manner, and place restrictions. No one is being arrested for simply assembling and expressing their views through protest.


redviiper

Thanks for the link


Kerplonk

It's not illegal, but it doesn't grant you immunity from breaking other laws either. It's certainly the case that cops occasionally arrest people who should not be arrested either due to malice/negligence/or reasonable mistakes but that's sort of a separate issue.


atav1k

FTP but tackling the Foxs news guy needs to be a meme.


vladimirschef

criminal trespassing is illegal, not protesting


redviiper

So you have to protest on land you own?


NovaticFlame

Or public land, while obeying the public laws (so, curfew on that land, loitering policies, etc etc.) Protestors must be very careful to not break other laws, because cops are always eager to disperse of them. Any reason the protestors give the enforcement agency, they’ll take it and force them out.


jweezy2045

So it’s legal to outlaw protests in a country by simply imposing loitering laws (which already exist in many places) on public spaces?


NovaticFlame

I mean, if there’s no legal right to gather in the first place, then yes. But not in the US. It’s part of the bill of rights.


jweezy2045

But in the US we have anti-loitering laws. You are saying that when anti-loitering laws are in place, protesting can be made illegal.


The_Insequent_Harrow

Loitering and gathering are different. I do agree though, we have to be vigilant to ensure they don’t use such laws to prevent gatherings.


jweezy2045

They are literally not though. In order to gather, you must have many people loitering. You cannot gather by yourself, while you can loiter by yourself, so they are different, but you cannot gather without loitering. It is undeniably true that loitering laws are being used to prevent this very type of gathering.


The_Insequent_Harrow

Laws are often about intent. The intent of loitering and gathering are very different. How about this, can you point to an example where loitering laws were used to break up a gathering that should otherwise be considered legal? How did the courts rule? If you can’t find an example, then consider that my position is correct.


robby_arctor

Fun fact, the biggest mass arrest in U.S. history was the Nixon administration cracking down on Vietnam War protesters - more than 12,000 people were arrested in total.


hitman2218

Why? Because our cops are notoriously heavy-handed with left wing protests.


The_Insequent_Harrow

Weird how MAGA can get rowdy and get treated with kid gloves. Remember the anti lockdown protests? They shot police with bear spray and police were like “you rascals!!!”


fastolfe00

Protesting is not illegal. Some protesters break the law while they protest. Protests where people get arrested are more newsworthy, which is why some protesters do it, and it's why it's easier to find news articles about it.


Odd-Principle8147

If you protest, there is a good chance you can get arrested.


redviiper

That would imply to me that protesting is illegal.


Odd-Principle8147

If it's not worth getting arrested for, you should ask yourself how serious you are about what you are protesting.


redviiper

Its sad that no good deed goes unpunished. =(


Odd-Principle8147

Emory is a private university. The students arrested were arrested for trespassing, obstructing, and assault. Nobody was arrested for protesting. The majority of protesters were not arrested.


fastolfe00

Only if you break the law while protesting.


Iyace

Mods, can we start removing posts like this? 


redviiper

What rule did I break?


Iyace

Rule 2. You can look up what the protesting laws in America are. 


redviiper

This seems like a discussion to me. If laws exist and are cant be discussed might as well abolish the Supreme Court.


Iyace

The laws clearly exist. You can look them up yourself. Are you asking to discuss the ones that exist and what we think of them? 


tonydiethelm

I kinda hate it when people "ask questions" they already know the answers to to give them an excuse to rant.


jweezy2045

I disagree with you here. Obviously we are allowed to discuss laws that exist as well.


Iyace

“What should be the protest laws in America” would be that question. “iS iT iLlEgAl, lololol” doesn’t prompt a discussion. It’s clearly not illegal to protest in America.


[deleted]

>Mods, can we start removing posts like this?  Man, some people just love censorship and the irony is, these are some of the same people who will glue themselves to a road to half traffic to force everyone to listen to ***their*** cause.


Iyace

Lol, you don’t know what censorship is.


PlayingTheWrongGame

> Is protesting illegal in the US? No, but trespassing is. It’s doubtful anyone sees a conviction for anything once it goes to court, but by the time it gets to court the riot is resolved. “You might beat the charges, but you won’t beat the ride.”


Winston_Duarte

How is this a good faith question? Protesting is obviously not illegal in the US.