Unlawful Assembly and The First Amendment

Recently, Black Lives Matter Movement has become front and center again after the murder of George Floyd. His death sparked protests, riots, and looting across the United States. The response to these riots has led me to ponder about when and how does a protest become an "unlawful assembly?" See, the First Amendment has 6 freedoms, and these protests involve three of them, the freedom of speech, the freedom to assemble, and the freedom to petition the government. Well, what actually is an unlawful assembly? According to the Encyclopaedia Britannica an unlawful assembly is a "gathering of persons for the purpose of committing either a crime involving force or a noncriminal act in a manner likely to terrify the public."

Well, that seems to make sense, as the 1st Amendment allows us to peacefully assemble. However, where I think this can be an issue is who decides when an assembly is "likely to terrify the public?" Minnesota criminal statutes on unlawful assembly are as follows:
609.705 UNLAWFUL ASSEMBLY.
When three or more persons assemble, each participant is guilty 
of unlawful assembly, which is a misdemeanor, if the assembly is:
(1) with intent to commit any unlawful act by force; or
(2) with intent to carry out any purpose in such manner as will disturb
or threaten the public peace; or
(3) without unlawful purpose, but the participants so conduct 
themselves in a disorderly manner as to disturb or threaten the public 
peace.
At what point does a protest turn into a "disorderly manner?" Who decides when a protest disturbs the public peace? Is marching in the streets peacefully "threatening public peace?" These are the main issues I have with the term "unlawful assembly." With no clear cut definition of "threatening the peace," I feel that a politician, such as a mayor, could simply state that a non-violent protest could be "disturbing the peace" in an attempt to silence the sacred freedoms provided to protestors and demonstrators.

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