Comment by AnthonyMouse
1 year ago
The term speech is very broadly defined because there are a lot of ways to convey meaning. Some of them then become ambiguous and you have to resolve those ambiguities and that gets messy. But only the messy cases are messy. Riots characteristically aren't a messy case, they're violence in the same way that publishing a newspaper article is speech.
Moreover, if you mess up the messy cases then you should try to do better but society will probably survive, whereas if you censor in the cases that are pure speech or don't punish the actions that are pure violence, you're the baddies.
> Riots characteristically aren't a messy case
Riots are characteristically very much a messy case, because not everyone joins a protest with the same intentions. Some will join a protest intending a purely peaceful display of dissent, while others seek violent confrontation.
On top of that repressive regimes will routinely declare otherwise peaceful protests a riot at the first sign of violence. Sometimes there are even saboteurs within the protest that try and lure out violent incidents in an attempt to get the protest to be declared a riot.
Finding the right balance between allowing demonstrations and keeping the peace and order is one of the most challenging aspects of democracy.
> Riots are characteristically very much a messy case, because not everyone joins a protest with the same intentions. Some will join a protest intending a purely peaceful display of dissent, while others seek violent confrontation.
The people intending a purely peaceful display of dissent don't smash or set fire to anything, even if the people standing next to them do. Now, the court may have some trouble here with evidence because you then have to distinguish these people from one another, but that has become much less of a problem in modern days when everybody has a cellphone camera and police can be issued bodycams.
Either way this is a question of fact rather than a question of law.
> On top of that repressive regimes will routinely declare otherwise peaceful protests a riot at the first sign of violence.
Declaring something a riot shouldn't mean anything. If a specific person is breaking windows and looting they're breaking the law. If they're just standing there holding signs they're not.
It shouldn't be too much to ask to have the cops arrest the criminals and not the bystanders.
> It shouldn't be too much to ask to have the cops arrest the criminals and not the bystanders.
Have you ever met a cop before? The only disincentive to arresting more people is a bit of paperwork, and the whole court system is stacked against the arrested unless they can afford non-court-appointed lawyers to pave their way. Guilt-by-association doesn't magically disappear from the psyche when handing someone power and a gun, rather it gets easier to apply indiscriminately because it's very hard for people to oppose the one with authority over their freedom and state-sanctioned license to be violent.
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A protest is not a riot. A protest may turn into a riot.
A protester, by staying in a protest that turns into a riot, may also turn into a rioter.
Usually, a protester would understand that there's law breaking and leave the scene. Staying put, he'd become a rioter.
If you are standing around watching a friend engage in a streetfight, and someone ends up dead, now you are at a murder scene, and if you stick around doing nothing, don't be surprised if you are arrested as a suspect
> A protester, by staying in a protest that turns into a riot, may also turn into a rioter.
Only if that individual protestor personally commits acts of violence. Obviously they are not a rioter simply by being near other rioters. That's an illegal concept known as collective guilt or collective punishment.
> Usually, a protester would understand that there's law breaking and leave the scene. Staying put, he'd become a rioter.
That would mean the government can outlaw protests by simply committing a single act of violence during one (or falsely claiming there was violence), declaring it a riot, and calling all the protestors, rioters. Obviously illegal.
> If you are standing around watching a friend engage in a streetfight, and someone ends up dead, now you are at a murder scene, and if you stick around doing nothing, don't be surprised if you are arrested as a suspect
Few would be surprised by police doing illegal things. That doesn't mean the illegal things are legal.
In the same vein, if you record police brutality in the United States, don't be surprised if you are threatened or targeted by police. If you insult a police officer to their face in the United States, don't be surprised if you get assaulted, arrested, or shot and killed. Does that make such police behavior legal or righteous?
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Riot is not "peaceful display of dissent", despite the efforts of the "mostly peaceful" press to muddle the waters. There's a peaceful protest and there's a violent riot, and they are very different, by the presence of violence. Intentions don't matter, actual events do.
I find this very odd, that people think there's such a clear distinction. I never called a riot a "peaceful display of dissent", but even a peaceful protest has small incidents of violence. If you declare a protest a riot at the first sign of a violent protestor, then it's impossible to hold a peaceful protest.
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