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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 ass...

The History of the Supreme Court

The History of the Supreme Court is very important in American history. Originally, the United States Supreme Court had very limited powers allotted to it by the Constitution. However, in 1801, John Marshall is appointed the Chief Justice, changing the Supreme Court and eventually, in 1803, began the practice of judicial review. Judicial review gave much more power to the judicial branch, furthering checks and balances of the other two branches of the government, the legislative and executive branch. The first case of Judicial Review was Marbury v. Madison , a case in which, on a very basic level, involved the Secretary of State refused to commission someone as a justice of the peace. Judicial review allows the Supreme Court to deem actions of the other branches unconstitutional, therefore nullifying those actions.  Additionally, under the principle of certiorari , the Supreme Court can overrule the rulings of a lower court. The Supreme Court receives hundreds of certiorari request...

The Sixth Clauses of the First Amendment and Today

So, you've probably seen people removed from YouTube for "hate speech" or "violating YouTube terms of services" and may be thinking "how is that allowed, doesn't that violate the First Amendment?" We'll, you would technically be wrong, how though? I'll explain. First, what is the actual text of the First Amendment? 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. -Amendment I of the US Constitution The main issue I would like to point out are the first five words " Congress shall make no law," as you can see, the First Amendment does not mention anything about private corporations, it simply states that congress can not make a law that prohibits free speech. That means that YouTube is allowed to remove use...

COVID-19, Public Health Law, and the Right to Assemble

As someone with libertarian leanings but also an interest in public health, it can be difficult to explain how the government has the right to restrict the movement and right to assembly of many people. First we have to look at Public Health Law in America, I'll hand this off to D. James Stone, from the Legal Eagle YouTube channel and an actual attorney, to explain the basics of Public Health Law in the US. As he explains, US Public Health laws allow the federal government to quarantine and/or isolate certain individuals suspected of being exposed, or actually being infected by a certain disease, including COVID-19. As he explains, US Public Health law is very powerful. He also mentions a few lawsuits over such laws and actions, especially one based on race. Moving on to the main point, as I previous mentioned, I am someone with libertarian leanings so I have to explain how the government has the right to restrict the freedom of movement and freedom of assembly due to public health...

Introduction to Me

Hi, I'm Will Rawlings, I live in Kernersville, NC. I major in Strategic Communications, my main focus is in Health Communications, specifically pertaining to global health and infectious diseases. At HPU, I am a research assistant in the Biology Department. After I graduate, I plan on getting my MA is Strategic Communications with the BA-MA program at HPU. After that, I plan on getting my Master of Public Health (MPH) focusing on Disaster Management, Infectious Diseases, or Global Health. One I earn my degrees I plan on working at the Centers for Disease Control in Atlanta focusing on global health communications and disease outbreak management. Additionally, I am a certified EMT in the state of North Carolina and a volunteer/intern at the Guilford County Public Health Department.