Comment by zahlman
11 hours ago
The fact that one speaks while committing a crime does not entitle one to a 1A defense against prosecution for that crime, even if committing the crime requires that speech. The prosecution is not about the content of the speech, but about the criminal activity it enables. A bank robber cannot claim "Your Honour, I was simply expressing my view that I am entitled to the bank's money". Similarly for conspiracy.
We are referring to peaceful protest and assembly, which are protected rights, not crimes. You can have a huge group chat or take out a huge billboard and announce your protest. There's no crime to discuss here.
You can refer to what you like, but we have seen the actions of protesters thus far on video.