The Source for Freedom and Self-Reliant Information[1]
Thomas Jefferson defined rightful liberty as “unobstructed action according to our will within limits drawn around us by the equal rights of others—I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.”
WHEN PROTEST CROSSES THE LINE
The U.S. Constitution protects the right to protest, but not to infringe on another’s freedom. As Thomas Jefferson once warned, “Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.” This quote captures the essence of constitutional protest: it must coexist with the liberties of others. In other words, your liberty stops at my face or stops before you reach my front door, i.e., you have no right to protest on my private property. Likewise, I have no right to protest on your private property or invade your space.
The First Amendment guarantees freedom of speech and peaceful assembly. But courts have consistently ruled that these rights are subject to time, place, and manner restrictions. The goal is simple: protect public order and individual rights while preserving free expression. Thus, individual liberty is limited when it begins to infringe on the rights or safety of others.
Thomas Jefferson believed that rightful liberty must be bounded by justice and mutual respect—not chaos and coercion. Protest is most effective when it honors the very freedoms it seeks to defend. Blocking traffic, threatening safety, or silencing others not only undermines the moral force of dissent, but such acts are also not protected by the First Amendment; and are therefore, unconstitutional.
The protests in Portland and Chicago, while framed as mostly peaceful by organizers, have escalated into disruptive and chaotic events due to clashes with federal authorities, road blockages, and crowd surges—raising constitutional questions about the limits of protest when public order and others’ liberties are affected.
The First Amendment protects peaceful assembly, but courts have consistently ruled that this right is not absolute. When protests:
· Block emergency services
· Disrupt commerce or daily life
· Escalate into violence or intimidation
… as has happened in Portland and Chicago, such protests are not constitutional protected and violate federal laws.
Interfering with ICE operations through violence, obstruction, or property damage can violate multiple federal laws, including assaulting federal officers, civil disorder, and destruction of government property. These are serious offenses that carry significant penalties. Here’s a breakdown of the key federal statutes commonly invoked in these cases:
18 U.S. Code § 111 – Assaulting Federal Officers
· Prohibits forcibly assaulting, resisting, or impeding federal officers or employees.
· Applies to ICE agents, DHS personnel, and other federal law enforcement.
· Penalties – Up to 8 years in prison (or more if a deadly weapon is used).
18 U.S. Code § 1361 – Destruction of Government Property
· Covers willful injury or depredation against U.S. property.
· Includes ICE vehicles, buildings, and equipment.
· Penalties – Up to 10 years in prison if damage exceeds $1,000.
18 U.S. Code § 231 – Civil Disorder
· Criminalizes acts that obstruct law enforcement during civil unrest.
· Includes blocking roads, setting up barricades, or inciting violence.
· Penalties – Up to 5 years in prison.
18 U.S. Code § 371 – Conspiracy to Defraud the United States
· Used when individuals conspire to obstruct federal operations.
· Can apply to organized efforts to block ICE raids or detentions.
18 U.S. Code § 1505 – Obstruction of Proceedings
· Apples to interference with federal agency investigations or enforcement.
· Could be invoked if protestors disrupt ICE investigations or deportation hearings.
Recently, in Southern California, 10 people were federally charged for assaulting ICE agents and obstructing operations during protests at a cannabis farm. Charges included violence against law enforcement and civil disorder.
While the First Amendment protects peaceful protest, it does not shield actions that involve violence, threats, or interference with lawful federal duties. Blocking roads, damaging property, or assaulting officers crosses into criminal conduct.
We need to make our formerly great cities safe again! The DOJ should start with Portland and Chicago by arresting many more protestors, along with the political leaders that conspire to obstruct federal operations. I can think of a few governors, mayors, and congressional members that appear to have violated one or more of the above federal statutes, can you?
Dum Spiro Spero—While I breathe, I hope.
Slàinte mhath,
Robert (Mike) G. Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.
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