Gold Star dad Steve Nikoui arrested after heckling Biden at SOTU address

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03/10/2024 15:57

Subject: Gold Star dad Steve Nikoui arrested after heckling Biden at SOTU address

Anonymous

Anonymous wrote:

Anonymous wrote:They could have just removed him. Why arrest him? Did the protesters outside get arrested? The folks screaming “4 more years” get arrested?

Go to law school.

Members of Congress don’t get arrested in the House Chamber because of the Speech and Debate Caluse of the Constitution. Which MYTG, who also didn’t get arrested, should be grateful for.

Protestors outside were in a first amendment “public streets and sidewalks” zone.

He broke the law. His supporters say he did so intentionally and to score political points. Laws have consequences. Members of Congress and protestors outside were not breaking the law.

And the “party of law and order” seems awfully upset bout Capitol Police enforcing law and order.

You learned in law school that blocking roads is a first amendment right?

ACLU:

KNOW YOUR RIGHTS

Protesters’ Rights
The First Amendment protects your right to assemble and express your views through protest. However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Make sure you’re prepared by brushing up on your rights before heading out into the streets.

Do I need a permit?

You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of sound amplifying devices; or a rally over a certain size at most parks or plazas.

I’m attending a protest

Your rights

Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.

You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.

https://www.aclu.org/know-your-rights/protesters-rights#im-attending-a-protest

No, Blocking Traffic Is Not Protected by the First Amendment
The freedom to protest is essential to the American project. It also does not give you carte blanche to violate other laws.

BILLY BINION | 1.26.2024 3:39 PM

And the ACLU, also involved in the settlement, acknowledges in its own guidance that detaining people by blocking a roadway is not a legal, First Amendment–protected activity.