“Supreme Court Justice Brett Kavanaugh, one of the conservative justices who voted to overturn Roe v. Wade last month, was forced to exit through a back door of Morton’s Steakhouse in downtown Washington, D.C., by protesters who had learned he was there,” The Hill reported on Friday, July 8, 2022 (read story here).
The incident occurred Wednesday, July 6, 2022. The restaurant’s management said, “There is a time and place for everything. Disturbing the dinner of all of our customers was an act of selfishness and void of decency.” Protests also have taken place at the homes of conservative justices, disturbing not only them and their families, but also their neighbors.
Also this week, protesters invaded a nursing home where they believe Carolyn Bryant Donham, the woman complicit in Emmett Till’s murder, now resides (see story here).
The rights of peaceful assembly and petitioning authorities was precious to the American colonists who won our independence and established our country, because they didn’t have those rights under British rule. The First Amendment, which they authored, says,
“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.”
This is not a license to riot. That’s why the Capitol rioters are being prosecuted, and deserve to be.
Neither Kavanaugh nor Donham deserve sympathy. Kavanaugh got on the court by lying about his intentions, and Donham incited the kidnapping, torture, and murder of a boy. But there are laws against harassing people, and defending those laws isn’t defending their actions.
The restaurant’s management got it right: There’s a time and place for protests; and a restaurant, personal residence, or nursing home is not that place. Protests should take place in the public square.
And contrary to what Republican politicians, rightwing car attackers, and some cops believe, the streets are part of the public square and a proper place for protesting. Nothing in the First Amendment says streets are only for cars, and exercising First Amendment rights can’t disrupt traffic. The streets belong to all of us, we all pay taxes for them, and they’re multipurpose, sometimes functioning as a public square.
Republicans and cops have made efforts to deny use of the streets to protesters, going so far in some places as legalizing vehicle terrorism against crowds. If they drive protesters out of the public square, they shouldn’t be surprised if they show up somewhere else, and they might not like where that is.
I’m not saying that happened here; there are public spaces available in Washington D.C. and Raleigh, South Carolina. I take issue with protesters hounding the justices in their personal lives, and stalking Donham. But I also take issue with Republican efforts to stifle lawful and legitimate protests. And people who don’t respect others’ rights probably shouldn’t expect much respect for theirs.
What’s needed is for everyone to stay within bounds. Protesters should protest in the proper time and place, which includes public parks and streets; and everyone else should respect those rights.