Policing First Amendment events
One of the most valuable freedoms guaranteed by the United States Constitution is the right of persons and groups to peaceably assemble.
In 2011, the U.S. Department of Justice issued a resource called The Role of Law Enforcement at First Amendment Events. “As part of their duty to uphold the United States Constitution, law enforcement officers have the responsibility to protect persons engaged in their right to peaceably assemble,” the document says.
The DOJ advises that officers are on site to “protect life and property” and to “ensure that all privacy, civil rights, and civil liberties protections are upheld.” The DOJ guidance goes on to say that officers shall not:
• Engage in unauthorized enforcement activities, including unauthorized information collection
• Document information on persons solely on the basis of:
• Ethnicity, national origin, or race
• Religious, political, or social beliefs or associations
• Sexual habits or orientation
• Support for unpopular causes
• Conduct investigative activity without direct supervisory authorization
• Allow personal beliefs and opinions to interfere with their duties as a law enforcement officer
• Express personal, political, or religious views during the assembly, while on duty
• Infringe on any person’s right to peaceably assemble and associate with others
It bears repeating that LEOs are present at First Amendment events such as “Occupy” rallies in order to protect life and property, ensure fair and impartial enforcement of laws, statutes, and ordinances, and enable those present to collectively express, pursue, promote, and defend their common interests.
Naturally, if an assembly turns violent, that violence must immediately stopped. Even in the face of insults and shouted profanity, the LEO is present as a protector of the right to speak, not as the protector of what is being said.
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