The topic of discussion for this Constitution Monday is the question: when do constitutionally protected protests turn into crime or terrorism? Simon Hankinson asked, and then answered, this question in his article published at The Daily Signal.
When
does protest start to break the law – or even become terrorism?
I’ll
define terrorism as using violence to achieve political aims. Most criminals
are not terrorists. So, who is? Let’s start with some easy ones.
The
Irish Republican Army, Italy’s Red Brigades, and the Palestinian Liberation
Organization all murdered and bombed military and civilian targets in pursuit
of political goals. At the risk of oversimplifying, these were: ending British rule,
establishing a Marxist-Leninist state, and creating a Palestinian state,
respectively.
The
goals of 1960s radical youth groups such as the Weather Underground in the U.S.
and the Baader-Meinhof gang in Germany were more vague; the overthrow of what
they saw as the capitalist, imperialist, fascist countries they lived in; maybe
world revolution. But still, terrorism.
Today,
the Left intentionally makes things appear fuzzier. The 2020 demonstrations,
looting, and violence in the wake of the death of George Floyd were not
terrorism. We saw plenty of violence, and it was clearly political, but there
was not a unified, clearly articulated goal. There was no list of things that
the government of Portland, or Minneapolis, or even the federal government
could have conceded that would have ended the whole thing and sent everyone
home. It was inchoate rage against a vague, “oppressive” system with no
specific or achievable policy proposals.
Now
let’s look at the recent organized demonstrations against immigration
enforcement.
In
much of the country, ICE is going about its business of enforcing federal law.
It is arresting aliens with no right to be here, many of whom have serious
criminal charges or convictions. The most crucial assistance ICE needs is for
local jurisdictions to honor their “detainers.” This means handing over
criminal suspects or convicts, once their criminal process is complete, to ICE
for immigration process.
In
some major jurisdictions that refuse to do this, we see street violence: Los
Angeles, Portland, and most of all Minneapolis….
Much
of the conduct we have seen in Minneapolis is not “free speech” protected by
the First Amendment. The protesters are not attempting to change anyone’s mind through
discourse when they bang on pots at 3 in the morning. They are trying to change
policy through physical means….
Activists
follow ICE agents in their vehicles, claiming to be “legal observers,” but they
also cross into deliberate obstruction, which puts them at risk. It’s also a
felony under federal law: anyone who “forcibly assaults, resists, opposes,
impedes, intimidates, or interferes with” a federal agent can be charged and
sentenced to up to eight years – 20 if they hurt an officer.
What
about real or self-appointed journalists?
On
Jan. 18, a group of people, including ex-CNN personality Don Lemon, entered a
Minneapolis church, uninvited, during a service. At an agreed point, they broke
into protest chants. They reportedly impeded church members from worshipping,
moving freely, or exiting the building. Protest leaders berated the pastor and
some church members. They did not leave after being clearly told they were not
welcome….
Churches
are private property….
No
one’s right to speak freely trumps another person’s right to private property
or to worship God. If it did, then any person could enter another’s house,
office, or property and stage a protest without limits….
Though
he was obnoxious and unwelcome, Lemon was not violent. He is potentially liable
for trespass, which is a local offence….
The
Minneapolis church invaders are potentially liable for federal crimes under the
Federal Access to Clinic Entrances Act [FACE Act] and even the Ku Klux Klan Act….
A
federal court will decide if Lemon and others broke the law by attempting to
coerce political action through force. While the punishment need not be severe
if this is their first offence, we need to lay down a national marker at the
limits of acceptable behavior when we disagree with others politically.
We
cannot allow individuals to force others to accept their views….