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Comment by oldgradstudent | Hacker News Reader

> Weird article, a protest can be peaceful, but dont you need a permission?

The first amendment is quite clear about it

> Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

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Peacably implies not on a highway and not shining lasers this way and that.

Yes, but otherwise, there is no permission required for a peaceful assembly.

This wasn't a peaceful protest so the amendment doesn't apply.

The individual was not peaceful. The protest was

What is unpeaceable about gathering on a highway?

It violates the rights of other people to free movement and causes them economic damages. It may also lead to catastrophic consequences if emergency vehicles are blocked (happened many times) and since the highway is a common property, regulated by the laws of the jurisdiction owning it, assembling there contrary to these laws is also a violation of property rights.

If I set up a "protest" tent in the middle of your driveway, not letting you exit the house, would you say it's a constitutionally protected activity or would you call the police on me, claiming property rights and trespassing violation?

- blocking the only entry/exit point for other people who have places to go. Some of these are emergencies. What if you block an ambulance and indirectly kill the patient?

- creating a risk someone will hit you and be injured/killed/traumatized or even start a pile-up

Potentials do not equal violence.

In Seattle the George Floyd protests let emergency vehicles and even city busses through frequently

Guess I can take up clay pigeon shooting in my backyard then? It's only potentially dangerous to the rest of the city?

Pedestrians do not belong on the highway, ever.

Please show me any meaningful large protest in history that did not take place on a roadway

There are time, place and manner restrictions on assembly. If you decide to peacefully assembly in the middle of a major highway, the police will be there to explain that to you pretty soon.

no, I think that cities and counties have de-facto rights to require a permit to gather for "planning" and that permit is sometimes not granted

corrections welcome

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