Please explain Virginia’s “unlawful assembly” law?
The Charlottesville anti-Klan protest on July 8 was declared to be an “unlawful assembly” by the Charlottesville Police Department. Here’s how that term is defined in the Virginia Code, and here’s a link to video. You decide....
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Can the “Fighting Words” doctrine be used against the alt-right?
A primer on the “Fighting Words” doctrine, and whether it applies against political speech… The simple answer is “not likely.” We start from the premise of the First Amendment that all speech is protected unless the Supreme Court has created an exception. Exceptions: Incitement to immediate illegal action — like encouraging desertion from the Army, […]...
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Does the First Amendment take sides?
I was struck by how many of the speakers at the Charlottesville City Council meeting last night want to draw a content-based rule in deciding who speaks — the KKK’s speech is upsetting to us; the alt-right’s speech is hateful to us. Neither group should have a right to a demonstration in Charlottesville, etc. People […]...
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Can Charlottesville revoke the permit for the “Unite the Right” rally August 12?
A demonstration permit cannot be revoked based on the content of the speeches, but it can be revoked if the plans for the rally don’t contain adequate security, or if new information suggests a likelihood of violence....
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