Rioting not protected by First Amendment – Quad-Cities Online

On Feb. 3, a conservative speaker was slated to speak at the University of California at Berkeley. That's when "Black Bloc" intervened.

According to CNN (cnn.com/2017/02/01/us/milo-yiannopoulos-berkeley/), "150 masked agitators caused more than $100,000 worth of damage at UC Berkeley ... when demonstrators gathered to protest Milo Yiannopoulos, who was scheduled to give a speech at the school.

"Black-clad protesters, wearing masks, threw commercial-grade fireworks and rocks at police. Some even hurled Molotov cocktails that ignited fires. They also smashed windows of the student union center on the Berkeley campus.

"At least six people were injured. Some were attacked by the agitators -- who are a part of an anarchist group known as the "Black Bloc" that has been causing problems in Oakland for years ..."

If you haven't hear of Black Bloc, watch the video at usatoday.com/story/news/nation-now/2017/02/02/what-black-bloc/97393870/.

We are told by some that Black Bloc is not an organization; rather, it is a "spontaneous coming together of individuals" to act as a "protective shield" for "progressive protesters" against "police brutality." If you buy that, I've got a nice bridge to sell you!

As I watch the USA Today video, I can only come to one opinion: Black Bloc is a criminal conspiracy which engages in overt acts of violence intended to deprive other Americans -- with whom they disagree -- of their Constitutional rights of free speech, peaceable assembly and private property.

So what justifies rioting, the fires, the destruction of property? The left-wing anarchists disagreed with the political opinions of a man scheduled to give a speech.

So how long will the new administration put up with left-wing anarchists clad in black hoods and black masks? Are criminal thugs who run around and do violence in black hoods and black masks any better than the Klu Klux Klan? Are stormtroopers in black masks and robes any more noble than Klansmen in white robes and masks?

In 1870, The Congress, at the behest of President Grant, passed "An Act to enforce the Right of Citizens of the United States to vote in the several States of this Union, and for other Purposes."

The act was a response to terror, force and brutality used by the Klan (KKK) to prevent newly freed blacks from voting and exercising their newly granted Constitutional Rights. Section 6 criminalized "conspiring" or "going in disguise" to "intimidate" or to "hinder the free exercise" of any right granted by the Constitution. Conviction carried up to 10 years imprisonment.

Criminals, anarchists and rioters in hoods and masks -- whether those hoods and masks be white or black -- who riot in the streets to prevent anyone from exercising his First Amendment right to speak freely or assemble peacefully, or the right of any other citizen to own private property, are therefore playing a dangerous game.

The U.S. government virtually wiped out the first wave of the KKK using the Enforcement Acts. If the government decides enough is enough, 150 guys in black hoods and masks, as well as their financiers, may find themselves spending the next 10 years in federal prison.

Any thinking American should be revolted by Black Bloc's wanton destruction of property and attacks on police and bystanders. This rioting is exactly what the Nazi Brown Shirts, aka Stormtroopers, did in Germany in the 1930s.

The riots in Berkeley have the stench of Kristallnacht about them. Kristallnacht occurred Nov. 9-10, 1938. It was the night when Nazi Stormtroopers, wearing civilian clothes, to create the illusion of a "spontaneous demonstration," destroyed 267 synagogues and innumerable Jewish businesses throughout Hitler's Reich. Mobs of SA men roamed the streets, attacking Jews in their houses and forcing Jews they encountered to perform acts of public humiliation.

Our Constitution guarantees free speech. But free speech does not include incitement to riot, or the act of rioting. Attacking police and burning down buildings has never been constitutionally protected.

John Donald O'Shea, of Moline, is a retired circuit court judge.

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Rioting not protected by First Amendment - Quad-Cities Online