A Harvard-trained lawyer discusses when alleged cases of rioting are protected by 1st Amendment Freedom of Assembly.
In California, protests, marches and rallies occur all the time. Most of these are protected forms of expression under the First Amendment protections of freedom of speech and freedom of assembly. Police and prosecutors are very limited in their power to arrest or prosecute people for this, especially if the behavior is peaceful.
However, under Penal Code 405 California rioting laws take effect if two or more people gather together to commit acts of violence, to threaten violence or to cause a disturbance.
Often times the line between participation in a riot and Constitutionally-protected freedoms is very thin. VISIT: [ Ссылка ] for more information.
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Harvard Lawyer: "Rioting" vs "Freedom of Assembly"
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