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Edited on Tue Nov-16-10 11:01 AM by howard112211
With regards to the recent escalation of a nazi march, I have seen people here on DU express the opinion that the counterprotestesters are at fault for not respecting the rights of the nazis to peacefully assemble, and furthermore, that the correct response which is respectful of the first ammendment of the constitution is to simply stay at home and let the nazis do their thing, because it is their right to express their views.
I think this is totally false, an I will argue here why think so.
Let's look at the actual text of the first ammendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The way I read this, is that the constitution protects the individual from being persecuted by the state for an expression of a particular point of view. Furthermore, it protects peaceful assemblies of people from being broken up by the state.
What it does not say, is that a particular group of people has the exclusive privilege to exercise these rights in any given place or at any given time, rather than another group, and without being confronted by other people expressing different views or opinions.
In other words, any time there is a nazi protest, other people are within their rights to peacefully assemble in front of this nazi rally and express the opinion that nazis are horseshit. There is nothing in the law that says the state has to accommodate a particular viewpoint and ensure that this viewpoint has a platform. All it says is that no one will be punished for handing out bigoted pamphlets and waiving bigoted signs, and no one will be arrested for being a bigot. The nazis do not have the right to have another peaceful rally to be broken up, just because it happens to take place in an area they also want to have a rally in. They are always free to assemble in another place.
Standing in front of nazi rally, holding a sign that says "nazis are not fucking welcome" is as much a protected form of expression as the actual rally.
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