Many Americans fervently believe that the Second Amendment protects their right to bear arms everywhere, including at public protests. Many Americans also believe that the First Amendment protects their right to speak freely and participate in political protest. What most people do not realize is that the Second Amendment has become, in recent years, a threat to the First Amendment. People cannot freely exercise their speech rights when they fear for their lives.
This is not hyperbole. Since January 2020, millions of Americans have assembled in public places to protest police brutality, systemic racism, and coronavirus protocols, among other things. A significant number of those protesters were confronted by counterprotesters visibly bearing firearms. In some of these cases, violence erupted. According to a new study by Everytown for Gun Safety and the Armed Conflict Location & Event Data Project (ACLED), one in six armed protests that took place from January 2020 through June 2021 turned violent or destructive, and one in 62 turned deadly.
These kind of data fill a void in ongoing debates about the compatibility of free speech and firearms at protest events. For example, is the phenomenon of armed protests new? Is it frequent? The open display of firearms at public protests, including long rifles and what are sometimes called assault-style rifles, is a relatively new phenomenon. Although many states allow firearms in public places, until recently few Americans have openly toted firearms to political demonstrations. The Everytown/ACLED study examined thousands of protests, showing a marked uptick in protests at which people were visibly armed following the police murder of George Floyd. It found that at least 560 events involved an armed protester or counterprotester. Loose state firearms laws are part of the explanation for this phenomenon. The incidence of armed protests was three times higher in states with expansive open-carry laws, the study noted.
Such research makes much clearer the implications of open carry for public safety, public protest, and constitutional democracy. Some have argued that open carry will make protests safer. In fact, tragedies were far less frequent at protests that did not involve firearms, the Everytown/ACLED research revealed: One in 37 turned violent or destructive, and only one in 2,963 unarmed gatherings turned fatal.
Joseph Blocher and Reva Siegel: Guns are a threat to the body politic
In short, the visible presence of firearms increases the risk of violence and death when exercising ones First Amendment rights. The increased risk of violence from open carry is enough to have a meaningful chilling effect on citizens willingness to participate in political protests. Research thus far has focused on open display of firearms, but further study is needed to evaluate the public safety concerns that may still be present when protesters or counterprotesters bring concealed firearms to demonstrations. In addition, concealed carry may not have the same chilling effect; its possible that without weapons visible, protesters will not be deterred. But at the same time, merely knowing that people might be armed could keep people away from public protests.
Diana Palmer, one of the authors of this article, conducted a study on the impact of open carry of firearms on the exercise of protest rights, and confirmed what common intuition suggests but included some surprises. The study found that participants were far less likely to attend a protest, carry a sign, vocalize their views, or bring children to protests if they knew firearms would be present.
Participants were asked about their willingness to participate in protests in two groups. In the control group, firearms were not mentioned in the questions. In the experimental group, they were. The questions did not specify whether the participants were visibly carrying firearms or not. The participants in the experimental group were much less willing to participate in expressive activities than participants in the control group to whom firearms were not mentioned.
That hesitation was present regardless of respondents political ideology. It was experienced by gun owners and nonowners alike. Survey respondents explanations as to why they would refrain from participating in protests where arms are present revealed the significant chilling effects of guns at protests. Among other things, respondents indicated:
I feel like I would be antagonizing [firearms carriers] and that could lead to me being injured.
If they started shooting, I would be concerned they would target me for what I said.
Ill let the people with the guns do the talking.
Nothing is important enough to be shot over.
Some open-carry proponents insist that they bring firearms to protests to defend themselves against potential violence or to ensure that the First Amendment rights of all participants are respected. However, the Everytown/ACLED study concluded that 77 percent of armed protests during the observed period were driven by far-right mobilization and reactions to left-wing activism. The study also found that 84 percent of armed protesters at Black Lives Matter protests were counterprotesters from extremist groups such as the boogaloo boys, the Proud Boys, and other right-wing groups. Rather than being motivated by self-defense or civil-rights concerns, the decision to carry a gun tends to follow far-right political ideology.
Garrett Epps: Guns are no mere symbol
Whatever the motives of firearms carriers might be, the clear social perception of would-be participants is that armed protests are unsafe. That finding is crucial to understanding the potentially devastating effect that bringing guns to protests can have on the exercise of First Amendment rights.
The Supreme Court will soon decide whether there is a Second Amendment right to carry firearms and other weapons in public places, a question it has yet to weigh in on. A pending case, New York State Rifle & Pistol Association v. Bruen, involves restrictions on concealed-carry permits. To decide it, the Court will need to determine whether the Second Amendment applies outside the home. As the studies show, the answer has profound implications not just for public safety but also for constitutional democracy. As courts and legislatures consider gun regulations, they ought to bear in mind not just the physical dangers of armed protests but also the social harms associated with them. For manyperhaps an increasing number ofAmericans, participation in armed public protests may simply not be worth the risk. Even if public protest survives, only those willing to risk their life, or who are inclined and able to carry weapons in defense of their own right to protest, may want to participate. Rather than serving as a democratizing means of expression, protest may become an armed contest and the exclusive preserve of the non-peaceable. Most concerning is that public protest as we know it may cease to exist at all. That would deprive Americans of participating in one of the greatest traditions of this country: expressing their views, engaging in public life, and advocating for democratic change.
Go here to see the original:
How Firearms Threaten Public Protest - The Atlantic
- Civics education: Learn the basics of why the Second Amendment exists - Tennessean - May 1st, 2024 [May 1st, 2024]
- The Future of the Second Amendment - Berkeley Law - April 18th, 2024 [April 18th, 2024]
- Mental Health Firearms Bill Divides Second Amendment Supporters in State House - NH Journal - April 18th, 2024 [April 18th, 2024]
- Biden Administration Unlawfully Expands Background Checks on Firearms Sales - Kevin Cramer - April 18th, 2024 [April 18th, 2024]
- The Second Amendment and 18-to-20-Year-Olds - Reason - March 29th, 2024 [March 29th, 2024]
- Chatbots like crime, hate firearms: A Second Amendment study - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- OK: Oppose H.J.R. 1034, Unless Amended! | GOA - Gun Owners of America - March 29th, 2024 [March 29th, 2024]
- Republicans blast Biden admin's 'Red Flag Operation' as one that will 'violate' Second Amendment rights - Fox News - March 29th, 2024 [March 29th, 2024]
- Gordon Signed Four Second Amendment Bills, Vetoed Another - WyoToday.com - March 29th, 2024 [March 29th, 2024]
- A new resource center in the DOJ has a lot of people worried about their Second Amendment rights - Tri-State Alert - March 29th, 2024 [March 29th, 2024]
- 'It Has Everything to Do With Race': Protesters Clash Outside Kyle Rittenhouse Event - Yahoo News UK - March 29th, 2024 [March 29th, 2024]
- Governor signs firearm bills, vetoes bill to repeal gun-free zones - Buckrail - March 29th, 2024 [March 29th, 2024]
- FISA and the Second Amendment: Gun Owners Beware - RealClearPolicy - February 3rd, 2024 [February 3rd, 2024]
- Second Amendment protects the rest | Commentary | norfolkdailynews.com - Norfolk Daily News - February 3rd, 2024 [February 3rd, 2024]
- Ricketts Signs Brief to Defend Gun Owners and Second Amendment - Rural Radio Network - February 3rd, 2024 [February 3rd, 2024]
- Dems bow to local control on guns then take it away | BRAUCHLER - coloradopolitics.com - February 3rd, 2024 [February 3rd, 2024]
- Augusta County Second Amendment guy wants to protect schoolkids from books? - Augusta Free Press - February 3rd, 2024 [February 3rd, 2024]
- The 2nd Amendment is not about Hunting - WIBC - Indianapolis News & Politics - October 27th, 2023 [October 27th, 2023]
- Opinion: Protecting Our Second Amendment Rights in St. Louis ... - The Missouri Times - October 27th, 2023 [October 27th, 2023]
- Statement by Vice President Kamala Harris on the Mass Shooting in ... - The White House - October 27th, 2023 [October 27th, 2023]
- Letter: Second Amendment matters more than ever - Quad-City Times - October 27th, 2023 [October 27th, 2023]
- The Supreme Court is seriously considering whether domestic ... - Vox.com - October 27th, 2023 [October 27th, 2023]
- Letter urging House Speaker to act on gun violence sent hours prior ... - Woodland Daily Democrat - October 27th, 2023 [October 27th, 2023]
- Vermont: Gun-Controllers Are Abandoning Their Rural Roots - NRA ILA - October 27th, 2023 [October 27th, 2023]
- Foundation prepares to disburse roughly $32 million in legal aid ... - The Florida Bar - October 27th, 2023 [October 27th, 2023]
- Critics Sock Sean Hannity Over His Bizarre Personal 'Plan' For Mass ... - Yahoo! Voices - October 27th, 2023 [October 27th, 2023]
- Second Amendment Roundup: Fusillade of Amicus Briefs Filed in Rahimi - Reason - October 12th, 2023 [October 12th, 2023]
- 12 Defensive Gun Uses Bare Absurdity of Attacking Gun Rights - Daily Signal - October 12th, 2023 [October 12th, 2023]
- Horrific Attack In Israel Shows Critical Importance Of Second Amendment In America | David Hookstead - Outkick - October 12th, 2023 [October 12th, 2023]
- OPINION: Second Amendment rights deserve protection - The ... - Stanly News & Press - October 12th, 2023 [October 12th, 2023]
- Noel Hudson: What, exactly, was the well-regulated militia? - VTDigger - October 12th, 2023 [October 12th, 2023]
- Berkshire residents and officials join the debate at the statehouse ... - Berkshire Eagle - October 12th, 2023 [October 12th, 2023]
- Old gun controls that were constitutionally repealed are not precedents for modern gun control - Reason - October 7th, 2023 [October 7th, 2023]
- Rahimi: The Case That Might Turn the Court Even More Extreme on Guns - The New Republic - October 7th, 2023 [October 7th, 2023]
- Second Amendment proponents fear public health emergencies ... - The Statehouse File - October 7th, 2023 [October 7th, 2023]
- UGA political groups debate the Second Amendment at political ... - Red and Black - October 7th, 2023 [October 7th, 2023]
- From the Second Amendment to OxyContin Settlements, Here Are ... - WTTW News - October 7th, 2023 [October 7th, 2023]
- Goldwater Institute Urges Supreme Court to Respect Second ... - The Creative Corner - October 7th, 2023 [October 7th, 2023]
- I carry a firearm daily. Second Amendment rights are not absolute. - Daily Kos - October 7th, 2023 [October 7th, 2023]
- Free Lecture - To Trust the People with Arms: The Supreme Court ... - Buckeye Firearms Association - October 7th, 2023 [October 7th, 2023]
- Federal Judge Enjoins Several Maryland Restrictions on Carrying ... - Reason - October 7th, 2023 [October 7th, 2023]
- Guest columnist Lee Armstrong: Taking 2nd Amendment to extremes - GazetteNET - August 26th, 2023 [August 26th, 2023]
- Analysis: ACLU Warns of Government Overreach in Second ... - The Reload - August 26th, 2023 [August 26th, 2023]
- Madison's Militia: The Hidden History of the Second Amendment, by ... - Shepherd Express - August 26th, 2023 [August 26th, 2023]
- Massachusetts Judge Rules Law Against Carrying Guns Across ... - The Reload - August 26th, 2023 [August 26th, 2023]
- It's Not Hard to Tell Good Guy From Bad Guy, as 12 More Defensive ... - Heritage.org - August 26th, 2023 [August 26th, 2023]
- NRA-ILA Files Friend of the Court Brief Urging the Eighth Circuit to ... - NRA ILA - August 26th, 2023 [August 26th, 2023]
- Panhandling ordinance amendments pass first Council vote - Mountain Xpress - August 26th, 2023 [August 26th, 2023]
- Florida's New Concealed Carry Law: What You Need to Know - Hernando Sun - August 26th, 2023 [August 26th, 2023]
- Why did PragerU lie about being approved in Texas schools? - Reckon - August 26th, 2023 [August 26th, 2023]
- No longer a cold war, the Tennessee House and Senate are not ... - News Channel 5 Nashville - August 26th, 2023 [August 26th, 2023]
- What's News, Breaking: Tuesday, August 22, 2023 - Brooklyn Daily Eagle - August 26th, 2023 [August 26th, 2023]
- Sparse turnout for gun rights rally with Kyle Rittenhouse after Michigan gun reform laws signed Michigan Advance - Michigan Advance - July 21st, 2023 [July 21st, 2023]
- Tom Huckin: A misinterpretation of the Constitution leads to disastrous consequences - Salt Lake Tribune - July 21st, 2023 [July 21st, 2023]
- Debate on Second Amendment | News, Sports, Jobs - Williamsport Sun-Gazette - July 21st, 2023 [July 21st, 2023]
- Sorry, Gov. Newsom, but Citizens Want to Use Guns to Defend ... - Heritage.org - July 21st, 2023 [July 21st, 2023]
- D-Wave Quantum Inc. Enter into the Limited Waiver and Second Amendment to Loan and Security Agreement with PSPIB Unitas Investments II Inc -... - July 21st, 2023 [July 21st, 2023]
- Federal Judge Rejects Lawsuit to Uphold Texas Suppressor Law for ... - The Texan - July 21st, 2023 [July 21st, 2023]
- Governor's Council approves all 7 of Healey's pardon ... - WBUR News - July 21st, 2023 [July 21st, 2023]
- Jonah Goldberg: Why July is the cruelest month for GOP presidential ... - The Winchester Star - July 21st, 2023 [July 21st, 2023]
- Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons % - Reason - May 30th, 2023 [May 30th, 2023]
- 2nd Amendment Quotes for Hot Topics - Everyday Power - May 30th, 2023 [May 30th, 2023]
- ICYMI: Buffalo News Editorial: Gun Laws and a More Sensible ... - ny.gov - May 30th, 2023 [May 30th, 2023]
- Opinion | Prince William needs gun-free zones - The Washington Post - May 30th, 2023 [May 30th, 2023]
- Second Federal Judge Expands Block on Biden Pistol-Brace Ban as ... - The Reload - May 30th, 2023 [May 30th, 2023]
- Editorial: Mayor's order of support for trans citizens contrasts with the ... - St. Louis Post-Dispatch - May 30th, 2023 [May 30th, 2023]
- Simple answer isn't workable - Las Vegas Sun - May 30th, 2023 [May 30th, 2023]
- DeSantis and the Road to the White House - The Media Line - May 30th, 2023 [May 30th, 2023]
- Should gun stores be allowed near schools? These parents are ... - Reckon - May 30th, 2023 [May 30th, 2023]
- Hawaii Agrees to Drop Baton Ban After Losing Court Fight - The Reload - May 30th, 2023 [May 30th, 2023]
- Demise of S.F. exaggerated. It's still a great city to visit - San Francisco Chronicle - May 30th, 2023 [May 30th, 2023]
- ESAs consult to amend technical standards on the mapping of ... - ESMA - May 30th, 2023 [May 30th, 2023]
- 'Not tools of self-defense': Ferguson makes case for Washington's ... - The Columbian - May 30th, 2023 [May 30th, 2023]
- Lawrence ODonnell Airs Old Clip of Republican Chief Justice Calling the Second Amendment a Fraud on the American Public - Mediaite - March 31st, 2023 [March 31st, 2023]
- Marshall University Prof: Cops and Vets Earn Their Second Amendment Rights Through Months of Training - The Truth About Guns - February 28th, 2023 [February 28th, 2023]
- Interpretation: The Second Amendment | Constitution Center - January 27th, 2023 [January 27th, 2023]
- Senate panel okays Tax Laws (Second Amendment) Bill: Fixed tax scheme gets nod to bring 2m retailers into tax net - The News International - December 23rd, 2022 [December 23rd, 2022]
- Gohmert: Without a change to how children are taught, 'We're going to have to get rid of the Second Amendment' - Fox News - December 18th, 2022 [December 18th, 2022]
- Minim, Inc. and Cadence Connectivity, Inc. Enter Second Amendment to Loan and Security Agreement with Silicon Valley Bank - Marketscreener.com - December 18th, 2022 [December 18th, 2022]
- Opinion: Let's talk about repealing the Second Amendment - The Connecticut Mirror - December 12th, 2022 [December 12th, 2022]