ARE MOSTLY PEACEFUL PROTESTS CONSTITUTIONAL?

With all the pro-Palestinian and pro-Hamas protests against the Jews throughout our major cities and college campuses, calling for the destruction of Israel and ALL Jews, and, with radicals and ignorant Americans shouting such phrases as “from the river to the sea,” “Intifada,” and “gas the Jews,” it’s time we revisit the real meaning of the First Amendment.

 

Contrary to popular belief, the First Amendment protects the individual from Government. It does not protect individuals from businesses, nor other individuals or groups of individuals.

 

If you do not like what the Government is doing, you have the right to assemble or “petition the Government for a redress of grievances.” That means, go to Congress, go to the White House, or go to City Hall, but do not interfere with private businesses or the right of other individuals to get to work, travel, go shopping, or, to simply enjoy a football game.

 

Thomas Jefferson said it best, rightful liberty is “unobstructed action according to our will within limits drawn around us by the equal rights of others.” Therefore, these mostly peaceful protests, that interfere with the rights of others, that result in the destruction of private and public property, and, many times, results in the death or injury of others, are clearly unconstitutional!

 

In addition, even if no one is hurt, no property is damaged or destroyed, and all other individuals can go about their business, these pro-Palestinian and pro-Hamas protesters, including Congresswoman Rashia Tlaib, are NOT protected under the “freedom of speech” doctrine and provision of the First Amendment. Speech that is subversive, that is likely to “incite imminent lawless action” and fighting words directed at a person and likely to result in a fight, are prohibited and punishable.

 

Furthermore, if you are a Jewish student or person that is shouted at with the words and phrases that have been used by the pro-Palestinian and pro-Hamas supporters, and fear for your own safety, you have been criminally assaulted; and, if they touch you or push you, they have committed battery, i.e., criminal assault and battery.

 

AND Congresswoman Rashia Tlaib ought to be expelled from Congress for violating her oath to uphold the Constitution; maybe even charged with conspiracy to “incite imminent lawless action.”

 

Wake up America, it’s time to “drain the swamp” … who in the Republican party not only has the will but, more importantly, the financial ability to fight and defeat the “deep state?”   

 

 

Dum Spiro Spero—While I breathe, I hope.

 

Slainte mhath,

 

Robert G. (Mike) Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.