Friday, April 26, 2024

Government Is Violating First Amendment Rights



 A couple of days ago, police in New York arrested peaceful demonstrators opposing Israel genocidal war on Gaza. Their only "crime" was sitting up tents with pro-Gaza signs. Yesterday, the Austin police did the same. They arrested over 50 people for demonstrating on the University of Texas campus  in support of Gaza. Other cities have also arrested peaceful demonstrators.

These demonstrators were not rioting or threatening. They were simply trying to make their views known on a political situation. Isn't that guaranteed by the First Amendment of the U.S. Constitution? The Constitution guarantees both free speech and the right to peacefully assemble. The arrests are a governmental denial of both of these rights.

Sadly, members of Congress are supporting this behavior (members of both parties). Their excuse is the claim they are fighting antisemitism. There are two things wrong with that argument.

First, opposing the actions of the government of Israel is not antisemitism. Real antisemitism is the threatening or intimidation of a person simply for being Jewish. It can be, and is, being fought. But these demonstrations are opposing the actions of a government and does not involve an attack on the people of the country. We don't see opposing the actions of the Russian government makes a person anti-Russian, or opposing the actions of the Chinese or North Korean government makes a person anti-Chinese or anti-Korean.

Second, even if a person or movement is anti-semitic, as long as they are not attacking or threatening a Jewish person, it should not be stopped by the government. It is offensive, but free speech often is. Our government allows racial hate speech from Ku Klux Klars and white militias, it allows anti homosexual and misogynist speech from evangelicals and others. Those are also offensive, but protected by the free speech part of the Constitution. 

We are getting into dangerous territory when federal, state, or local governments act to stifle speech or the right to peacefully assemble. When it happens, it puts our democracy in danger. If one type of speech and assembly can be outlawed, then so can others.It is important that even offensive speech is protected. Citizens can oppose such offensive speech, but the government must never do so. 

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