These guys aren't law enforcement. Is this about to become normal?
Photo by Chip Somodevilla/Getty Images
With more white nationalist rallies planned in the coming weeks, including one this upcoming Saturday in Boston, cities across the country may soon be looking for ways to try to prevent the sort of violence that took place last weekend in Charlottesville, Virginia.
Bostons Mayor Martin Walsh is reportedly looking into legal grounds to stop the next alt-right rally from happening in his city. Those rallygoers are permitted, though, and have a First Amendment right to peaceably assemble.
Peaceablyis the key word there, however. The white supremacists who showed up in Charlottesville were reportedly armed to the teeth. Virginia Gov. Terry McAuliffe claimed his state police were outgunned on Saturday, while one white nationalist leader showed off his firepower in a popular Vice News documentary about the weekends events. Another rallygoer in that videoclad in camouflageseemed to be warning police that he planned to send at least 200 people with guns to gather equipment that was at the site of the rally. Heavily armed paramilitary groups barely distinguishable in appearance from law enforcement officials, meanwhile, made their own show of force in Charlottesville, saying they were there to keep the peace between white nationalist rallygoers and counter-protesters.
As my Slate colleagues Dahlia Lithwick and Mark Joseph Stern reported on Monday, those trying to exercise First Amendment rights clashed with those claiming to exercise Second Amendment rightsincluding Virginias open-carry lawsin Charlottesville, and the guns won. Current constitutional doctrine, they argued, is poorly equipped to handle a situation where one heavily armed group of assemblers is able to silence with their weaponry the free speech rights of a different group of would-be assemblers.
But University of Virginia professor Philip Zelikow argues that the Constitution does allow for restricting armed rallies. Writing in Lawfare, Zelikow notes that there is precedent for preventing groups of heavily armed white supremacists from gathering in intimidating mass assemblies:
The judge granted their request, the order worked, and the group was enjoined from displays of intimidation.
Reading a description of one white supremacist group in Charlottesville by BuzzFeed News reporter Blake Montgomery, its hard not to think of that standard for an illegal paramilitary gathering:
In his article, Zelikow went onto write that, while the Second Amendment guarantees a right to a well-regulated militia, federal courts have held that private militias do not have the right to free reign.
When private self-styled militias get organized, equipped to fight, and travel to my town for a confrontation, this is not a Second Amendment story, Zelikow told me over email. They are organized to violate civil rights and intimidate my townspeople, to show their strength not with their speech, but with their firepower.
Zelikow argues that towns and citizens have the right to sue and enjoin such heavily armed organized groups from staging such rallies. He also suggests that rallygoers like the ones in Charlottesvilleas well as some of the counter-protestersmight have fit the standard for such an injunction. [T]here were a number of clusters that deployed together with standardized dress (to recognize each other), standardized insignia, similar combat/riot gear, and similar classes of weapons, Zelikow, who worked in multiple prior presidential administrations, said over email. Not incidentally, the Antifa [anti-fascist] group also has some standardized identifiers (red neckerchiefs, for example), deploys together in an obviously coordinated way, and carried assault weapons.
(At least one leftist group was reported to have showed up armed with guns.)
Ultimately, Zelikow compares the appearance of these sorts of heavily armed groups asserting the right to mass public assembly to darker periods in world and U.S. history:
The coming weeks seem likely to continue to test that line between protected assembly and unprotected civil violence. The ability of civil authorities to respond when that line is crossed also seems likely to face some very serious challenges.
See more here:
Is There a Way to Prevent the Next Charlottesville? - Slate Magazine (blog)
- Assemblyman Tim Donnelly Introduces Sweeping Handgun Carry License Reform Bill AB 1563 - April 26th, 2014 [April 26th, 2014]
- Ex-Supreme Court justice pushes gun grab, 2nd Amendment rewrite - April 26th, 2014 [April 26th, 2014]
- Party of guns: 2016ers speak to NRA - April 26th, 2014 [April 26th, 2014]
- Michigan 2014 Second Amendment March - Video - April 26th, 2014 [April 26th, 2014]
- Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney - Video - April 26th, 2014 [April 26th, 2014]
- Tony DeTora's Second Amendment Commitment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Man Drug PSA - Video - April 26th, 2014 [April 26th, 2014]
- Do you exercise your Second Amendment Rights while riding? - Video - April 26th, 2014 [April 26th, 2014]
- Kira Davis - My 2nd Amendment Story - Video - April 26th, 2014 [April 26th, 2014]
- Gabby Franco for NRA News: "Freedoms Are Not Untouchable" - Video - April 26th, 2014 [April 26th, 2014]
- SafeandVaultStore GS592820 Second Amendment Gun Safe - Video - April 26th, 2014 [April 26th, 2014]
- Oathbreaking Tyrant: Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Dear LiberalViewer: Second Amendment Response - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- God & The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Amend The Second Amendment? - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens on the Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- CCRW Televised Forum - Mental Health, Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Obama lying supporting second amendment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Rally Saturday - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment and other t-shirts support the cause - Video - April 26th, 2014 [April 26th, 2014]
- 2nd Amendment - Laws - April 27th, 2014 [April 27th, 2014]
- Second Amendment - U.S. Constitution - FindLaw - April 27th, 2014 [April 27th, 2014]
- Rep. Larry Pittman talks about Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- billkeyz talking about gun control the Second Amendment NRA - Video - April 27th, 2014 [April 27th, 2014]
- US Senate Candidates Iowa - Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- NRA leadership uses Bloomberg gun control push to rally members - April 28th, 2014 [April 28th, 2014]
- Open Carry Or Concealed Carry In California & Does The NRA Oppose - Video - April 28th, 2014 [April 28th, 2014]
- Greg Brannon Nuke Second Amendment right - Video - April 28th, 2014 [April 28th, 2014]
- SafeandVaultStore GS724027 Second Amendment Gun Safe - Video - April 28th, 2014 [April 28th, 2014]
- Supreme Court Gun Carry Rights; Drake v. Jerejian, Pending petition - Video - April 29th, 2014 [April 29th, 2014]
- Letter: NRA opposes reasonable responses - April 30th, 2014 [April 30th, 2014]
- Common sense calls for repeal of second amendment - May 1st, 2014 [May 1st, 2014]
- GUNS: Amendment words to fight over - May 1st, 2014 [May 1st, 2014]
- Gun lobby group receives open government award - May 1st, 2014 [May 1st, 2014]
- NFL Player Brags About Shooting a Skunk to NRA - Video - May 1st, 2014 [May 1st, 2014]
- Disgruntled Motel Owner Uses Second Amendment To Fight Government Officials #ZHG - Video - May 1st, 2014 [May 1st, 2014]
- Psychiatrists to push NWO gun control - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 at the Pennsylvania Capitol - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day Rally - Video - May 1st, 2014 [May 1st, 2014]
- Pyro Planet Second Amendment & Star Spangled Blast - Video - May 1st, 2014 [May 1st, 2014]
- Gun rights: Times have changed since the creation of the Second Amendment - May 1st, 2014 [May 1st, 2014]
- Billy Johnson for NRA News: "Infringed Rights" - Video - May 3rd, 2014 [May 3rd, 2014]
- Second Amendment group marches in El Paso - May 4th, 2014 [May 4th, 2014]
- The Second Amendment (Part 1 of 2) - Video - May 4th, 2014 [May 4th, 2014]
- New Jersey Gun-Carrying Limit Left Intact by High Court - May 5th, 2014 [May 5th, 2014]
- Supreme Court Wasnt Serious about the Second Amendment - May 5th, 2014 [May 5th, 2014]
- Staying away from guns and Gitmo - May 6th, 2014 [May 6th, 2014]
- US Supreme Court refuses to consider gun-rights case - May 6th, 2014 [May 6th, 2014]
- Success For Gun Owners & 2nd Amendment Defenders In 2014 - May 6th, 2014 [May 6th, 2014]
- Yen on Second Amendment - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment Shootout - Video - May 6th, 2014 [May 6th, 2014]
- Gun Depot USA Second amendment target shooting. - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment in real time boils down to politics - May 8th, 2014 [May 8th, 2014]
- Second Amendment - Laws - May 8th, 2014 [May 8th, 2014]
- Alan Gottlieb Supporting Compromise of your Second Amendment Rights - Video - May 9th, 2014 [May 9th, 2014]
- Lawmakers divided on bill that restricts EBT use - May 10th, 2014 [May 10th, 2014]
- Defenseless Nigerian Men, No Second Amendment #BringBackOurGirls Boku Haram - Video - May 10th, 2014 [May 10th, 2014]
- The Second Amendment (Part 2 of 2) - Video - May 10th, 2014 [May 10th, 2014]
- Flawed argument I - May 11th, 2014 [May 11th, 2014]
- Minera Panama S.A. and Petaquilla Minerals Limited Sign $60 Million Agreement - May 11th, 2014 [May 11th, 2014]
- Interview Interrupted by State Highway Administrator - Video - May 12th, 2014 [May 12th, 2014]
- Lawmakers debate proposed EBT restrictions - Video - May 12th, 2014 [May 12th, 2014]
- N.J. Gov. Chris Christie under the gun over ammo bill, as White House beckons - May 13th, 2014 [May 13th, 2014]
- Guns and Supreme Court: Is Second Amendment a Privilege, Not a Right? - May 13th, 2014 [May 13th, 2014]
- Guns to be focus of rally - May 15th, 2014 [May 15th, 2014]
- DHS Says "Hands Off" VIP Terrorist - Video - May 15th, 2014 [May 15th, 2014]
- INFOWARS Nightly News: with David Knight Monday May 12 2014: Plus Special Reports - Video - May 15th, 2014 [May 15th, 2014]
- Gun rights advocates hope for convention impact - May 16th, 2014 [May 16th, 2014]
- Det Bowers on the Second Amendment - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V18 - AUDIO - THE RACIAL NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V17 - THE RACIAL-NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- The Second Amendment: A Biography - Video - May 16th, 2014 [May 16th, 2014]
- Knowing Your Rights.... Yes we have them! - Video - May 18th, 2014 [May 18th, 2014]
- The Second Amendment (Game) - Video - May 18th, 2014 [May 18th, 2014]
- We Have Rights! An Animation On The Second Amendment - Video - May 18th, 2014 [May 18th, 2014]
- Letter: 2nd amendment purposes - May 20th, 2014 [May 20th, 2014]
- Senator Ted Cruz's father Rafael Cruz on the Second Amendment - Video - May 20th, 2014 [May 20th, 2014]