April 25, 2025 • 28 mins
The exploration of the right to peacefully assemble delves into a fundamental aspect of democracy that is often overlooked yet remains vital for societal progression. This episode articulates the historical lineage of this right, tracing its roots back to English common law, where assemblies were frequently viewed with suspicion by those in power. The discussion underscores significant moments in American history, such as the Boston Tea Party, which exemplified the power of collective action against oppressive governance. Moreover, the episode examines how this right has been a crucial tool for marginalized communities seeking equality and justice throughout history, while also addressing contemporary challenges that threaten its exercise, including recent legislative actions aimed at constraining protest activities. Through this examination, we are reminded that the act of gathering is not merely a means of protest but a profound expression of community and shared values, essential for the vitality of democracy itself.
Takeaways:
- The right to peacefully assemble is fundamental to a healthy democracy and is enshrined in the First Amendment of the Constitution.
- Historically, assemblies have been essential for marginalized communities to advocate for equality and challenge oppressive systems.
- The power of gathering transcends mere protest; it encompasses collective expression, community building, and social movements.
- Legal protections for assembly, as demonstrated in various court cases, affirm that even unpopular views deserve safeguarding.
- Recent challenges to the right of assembly include legislation that criminalizes certain protest tactics and increased surveillance of demonstrators.
- The ability to gather is not just about dissent; it is a profound human act that fosters connection and collective resilience.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(01:22):
Hi, everyone, and welcome backto More Human, More Kind.
My name is Heather Hester, andthis is the final episode in our
Foundations of Freedom series.
And today we are exploring apart of the First Amendment that
doesn't get nearly enoughattention yet it holds so much power,
(01:45):
the right to peacefully assemble.
Today we're going to talkabout why the right to peacefully
assemble is more than just aprotest sign or a march.
It's actually the cornerstoneof a healthy democracy.
We're going to talk about whatthat means for you and your right
to peacefully assemble.
(02:05):
We're going to talk about whenthat started in history, the difference
between lawful assembly andunlawful activity, how marginalized
communities have used thisright to push for equality, and how
that's being challenged andeven taken away today.
(02:27):
And then what you can do toprotect this essential freedom and
use it for meaningful impact.
We have talked about speech,the press, religion, and the right
to petition, but none of theseexist in a vacuum.
They're strongest whenexercised together.
(02:48):
And the right to gather, toshow up side by side with others,
is what brings our values to life.
Think about the last time youstood in a crowd for something you
believed in, felt theheartbeat of those around you, of
(03:09):
the collective action, thatenergy just coming from all the people
around you.
Maybe the last time you sawpeople come together to protest or
to grieve or even tocelebrate, and.
And you felt this surge ofemotion, even if you were watching
(03:30):
from afar.
So today we're going to unpackwhere this right comes from, how
it's been challenged and isbeing challenged, and why it still
matters, maybe now more thanever before.
So, like we have in everyother episode, let's start with the
(03:52):
language from the Constitution.
Amendment number one says,congress shall make no law, abridging
the right of the peoplepeaceably to assemble and to petition
the government for a redressof grievances.
Notice the emphasis on peaceably.
(04:16):
So let's take a step back andunderstand where this powerful right,
this right to peacefullyassemble, actually comes from.
The concept didn't actuallyoriginate with the American Revolution.
It really goes back centuriesto English common law, where the
(04:36):
idea of people gathering,especially for public discourse,
was always treated withsuspicion by the Crown.
In fact, the UnlawfulAssemblies act of 1661 made it a
criminal offense for groups togather if their meeting could potentially,
quote, unquote, disturb the peace.
(04:59):
There was a deep anxiety amongmonarchs and elites about ordinary
people joining forces, becausewhen the public comes together, they
can challenge power.
Even peaceful assemblies weresometimes treated as dangerous threats,
especially if they had apolitical tone.
(05:21):
And that fear didn't disappearwith colonization.
In fear fact, it followed theEnglish settlers to the American
colonies.
So let's fast Forward then to1773, one of the most iconic acts
of American defiance, theBoston Tea Party, which was, at its
(05:44):
core, a gathering.
Citizens of Boston assembledin protest of British taxation policies,
specifically the tea act,which gave the British East India
company a monopoly on teasales in the colonies.
So disguised as Mohawk people,colonists boarded ships and dumped
(06:09):
342 chests of tea into the harbor.
It wasn't just a rebellious stunt.
It was a carefully organizedprotest, a performance of resistance
meant to rally support andspark dialogue.
This act of civil disobedienceled directly to the British government's
(06:33):
intolerable acts, whichincluded restrictions on public meetings.
So even then, you can see the pattern.
Protest leads to repression,which leads to a demand for rights.
The Boston Tea Party wasn'tjust about taxes.
It was about the right toassemble and say, this is unjust.
(07:01):
By the time the constitutionwas drafted in 1787 and the Bill
of Rights was added in 1791,the founders had these lessons in
mind.
They knew that if peoplecouldn't gather, they couldn't organize.
If they couldn't organize,they couldn't resist.
And if they couldn't resist,there was no real democracy.
(07:26):
That's why the First Amendmentprotects not only individual expression,
speech, press, religion, butalso collective expression.
I'm going to repeat thatbecause this is so amazing and cool,
and I want you to remember this.
(07:49):
The First Amendment protectsnot only individual expression in
the form of speech, Freedom ofspeech, freedom of press, freedom
of religion, but alsocollective expression.
The line, the right of thepeople peaceably to assemble isn't
(08:12):
an afterthought.
It's a recognition thatfreedom doesn't live in isolation.
It thrives in community.
The founders, especially JamesMadison, wanted to ensure that the
government couldn'tcriminalize dissent just because
people gathered to express it.
(08:32):
So while the modern mind mightjump to protest signs and marches,
the root of this right is deeper.
It's the freedom to cometogether, to build movements, to
share beliefs, to organize fora better future.
This right is embedded in ourDNA as a nation.
(08:56):
And it's not just about protests.
It includes rallies, vigils,marches, mutual aid meetings, and
community gatherings.
It's about people comingtogether to be seen, to be heard,
and to be counted.
(09:18):
So how has this been held up legally?
Well, here are a few courtcases that I thought you might find
interesting.
In De Young vs Oregon, theSupreme Court ruled that A Communist
party member couldn't bepunished simply for attending a peaceful
political meeting.
(09:38):
That was huge because itconfirmed that even unpopular views
deserve protection.
In the NAACP vs Alabama, thecourt protected the privacy of NAACP
members, affirming that beingpart of a group is part of assembling,
(09:58):
and the state couldn't demanda list of names to intimidate activists.
And finally, in Gregory vs.
Chicago, the court saiddemonstrators couldn't be arrested
just because others respondedviolently to their peaceful protest.
But there are limits.
(10:21):
Governments can impose whatare called time, place, and manner
restrictions.
You might need a permit, youmight not be allowed to block traffic,
but these restrictions have tobe neutral and not targeting a specific
group or message.
(10:41):
Peaceful assembly is not justabout the right to gather.
It's about the power of gathering.
It's how people makethemselves visible, how they raise
their voices in chorus, howthey ignite transformation from the
ground up.
Let's look at how this hasplayed out across time, across movements,
(11:05):
and why it matters today morethan ever before.
In 1955, Rosa Parks refused togive up her seat on a Montgomery
bus.
That moment sparked theMontgomery bus boycott, a 381 day
protest led in part by a young Dr.
(11:28):
Martin Luther King Jr.
It was a peaceful, powerfulexample of community led resistance.
People walked miles each dayto avoid segregated buses.
Churches became hubs ofplanning, resilience, and support.
(11:50):
And then, in 1963, over250,000 people gathered in the nation's
capital for the March onWashington for jobs and freedom.
That is where Dr.
King delivered his iconic Ihave a Dream speech.
A moment made possible becausethe people assembled peacefully to
(12:12):
demand racial and economic justice.
These weren't spontaneous uprisings.
They were planned, organized, disciplined.
They used the right toassemble, not just to protest, but
to build a movement.
(12:33):
Now let's look at LGBTQ rights.
In the early morning hours ofJune 28, 1969, police raided the
Stonewall Inn, a queer bar inGreenwich Village.
Raids were common, but thatnight, the community resisted.
(12:54):
For six days, people gatheredoutside, protesting police brutality
and harassment.
This was not a peacefulprotest in the traditional sense.
It was a rebellion.
But it was born of years oftargeted violence and marginalization.
(13:15):
And what followed was evenmore profound.
A movement.
Out of the ashes of Stonewallcame pride marches.
Beginning in 1970 and growinginto global celebrations of visibility
and demand for equal rights.
(13:35):
From act up, die INS tomarriage equality marches to Trans
Day of visibility events, theLGBTQ movement has relied on gathering
to exist because being seenwas itself a radical act.
(13:56):
Moving on to women's rightsmarches for equality and autonomy.
In 2017, the day after DonaldTrump's first inauguration, an estimated
5 million people around theworld participated in the Woman's
March, making it the largestsingle day protest in US history.
(14:19):
People marched forreproductive rights, pay equity,
racial justice and gender equality.
And more recently, the Roe v.
WADE reversal in 2022 sparkedwaves of protest in cities and towns
nationwide.
People assembled outsidecourthouses, in front of state capitols,
(14:41):
at clinics, and online.
These protests wereexpressions of grief, rage and collective
resolve.
For from suffragettes chainingthemselves to fences in the early
1900s to intersectionalmarches today, women have always
(15:03):
used assembly as a force for change.
Next, I want to look at theBlack Lives Matter and modern movements,
Other modern movements.
After the murder of GeorgeFloyd In May 2020, over 15 million
people took to the streetsacross all all 50 states.
(15:25):
It was the largest protestmovement in American history.
And while these protests didturn violent in certain cities, Chicago
being one of them, where therewas sustained looting and property
destruction, the vast majorityof these demonstrations and protests
were peaceful.
(15:46):
People knelt, people grieved,people held signs.
They marched in silence, they chanted.
And they demanded that blacklives be treated with dignity and
justice.
And it wasn't just aboutpolice brutality.
These gatherings made spacefor conversations about intersectionality,
(16:11):
the overlapping identities ofrace, gender, class, sexuality, and
ability.
The protests highlighted howsystems of oppression connect and
how liberation must be collective.
So I thought it might beinteresting to take a look at the
(16:33):
difference between assemblyversus insurrection.
On January 6, 2021, a violentmob stormed the US Capitol.
It was not a protest.
It was an insurrection, aneffort to overturn a democratic election
through violence, intimidationand destruction.
(16:56):
People attacked lawenforcement, desecrated government
property, and attempted toblock the peaceful transfer of power.
Contrast that with the handsoff moment on April 5, 2025.
That day, just a few weeksago, tens of thousands of people
(17:16):
across the country assembledpeacefully to defend bodily autonomy,
reproductive freedom, andtrans rights.
There were no weapons, noviolence, just presence, collective,
unified presence.
People stood in city squares.
(17:38):
They held signs, gathered atcourthouses and churches.
They grieved, they demanded.
They stood shoulder toshoulder, bound by a shared belief
in dignity, choice and freedom.
The difference between January6 and April 5 is the difference between
(18:00):
assembly and insurrection.
One was about protecting democracy.
The other was aboutdismantling it.
Here's the truth.
Most of these movements didn'tbegin as massive spectacles.
They began in someone's livingroom at a town hall on a college
(18:22):
campus, in a group chat.
Peaceful assembly is the seed.
Movements are the forest that grows.
Every candlelight vigil, everyposter board sign, every silent march.
These are not just acts of protest.
(18:42):
They're acts of hope, acts ofrefusal, acts of connection.
Democracy is not just voting.
Every few years, it'sgathering, listening, showing up,
speaking out.
(19:03):
Let's talk about where thesethings stand now.
Because while the right toassemble is foundational, it's not
invincible.
We've seen recent crackdownsthat raise real concerns.
Think about standing rock in2016, when indigenous water protectors
and allies gathered to opposethe Dakota Access pipeline.
(19:27):
These were peaceful gatheringsrooted in prayer and ancestral connection
to the land.
Yet they were met withmilitarized police, tear gas, rubber
bullets, and water cannons infreezing temperature.
It's not just about physicalpresence anymore either.
(19:50):
Technology has quietly enteredthe scene.
Surveillance of protesters is real.
From facial recognitionsoftware that can identify you in
a crowd to geofencing warrantsthat let law enforcement track everyone
near a protest site usingtheir phones.
(20:10):
Our right to be present isbeing digitally monitored.
This has a chilling effect.
People start asking, will I be watched?
Will I be flagged?
Will my presence be heldagainst me later?
And if that's not enough,we've seen the rise of anti protest
(20:32):
laws.
Over 30 states have passed orintroduced legislation since 2017
that criminalizes protesttactics like blocking traffic, picketing,
or even protesting nearcritical infrastructure like pipelines.
Some of these laws increasepenalties dramatically, or even shield
(20:56):
drivers who hit protesterswith their cars.
Pen America has done extensivereporting on this, and it's a trend
we cannot afford to ignore.
What is even more troubling isthe shift in rhetoric.
Peaceful protest isincreasingly conflated with rioting
(21:17):
or domestic terrorism.
You'll hear terms likeanarchists, outside agitators, or
threats to public safetythrown around, often to delegitimize
movements for justice.
This kind of language isn't neutral.
It sets the stage for suppression.
(21:39):
And this erosion isn't justhappening here.
In authoritarian regimes, theright to assemble is often one of
the first freedoms to go.
Think Russia, Iran, China, Hungary.
What makes democracy vibrantis not the absence of conflict.
(22:02):
It's the ability to disagree,to show up, to be visible.
And when that ability isthreatened, we have to pay attention.
Now, I want to pause here andmake something really clear.
Gathering isn't always about protest.
(22:22):
Yes, we absolutely gather toresist, but we also gather to grieve
and to celebrate and to build.
Think of a vigil.
People holding candles,quietly standing in solidarity after
a tragedy.
It's sacred, it's solemn.
(22:44):
It says, we see this, weremember, we Care.
Think of a Pride parade or aJuneteenth celebration.
Joy is resistance.
Celebration is visibility.
(23:04):
When marginalized communitiesshow up in public to honor themselves,
it's revolutionary.
And then there's the quiet,consistent power of mutual aid groups,
community teach ins,solidarity circles.
These gatherings may not grabheadlines, but they're where change
(23:29):
is grown.
Slow, steady and rooted.
We gather because it healssomething ancient in us.
We are not meant to navigateinjustice or even life alone.
Protest is the beginning of aconversation, not the end.
(23:52):
It's an invitation to listen,to learn, and to grow.
So when we talk aboutassembly, let's remember it's not
just a political act.
It's a human one.
Okay, so what now?
You may be wondering, what canI do to support the right to assemble,
(24:16):
especially if I'm not alwaysin the streets?
Here are a few grounded,powerful ways to take action.
1.
Know your rights before youshow up.
Know what's protected and whatto do if your rights are violated.
The ACLU has an excellentProtesters Rights guide, which I
(24:38):
will put in the show notes to.
2.
Show up.
You don't have to be on thefront lines every time.
Showing up can look likeattending a rally or a vigil.
Sharing accurate informationonline, making a donation to support
(24:59):
protesters or bail funds,amplifying the voices of community
organizers.
There are many ways to showup, many ways to be present physically,
virtually, vocally.
3.
Protect others.
(25:20):
If you have privilege, use it.
Be the person who records, whoobserves, who checks in.
Be the one who helps othersget home safely or.
Or who just says, I'll go with you.
Your presence can createsafety and accountability.
(25:41):
4.
Support the protectors.
There are organizations doingthis work every single day.
The aclu, the National LawyersGuild, Protect the Protest, which
is a coalition defendingprotesters and the right to dissent.
And I will have links to allthree of these organizations in the
(26:02):
show notes as well.
Support them.
Follow them, volunteer if youcan, and donate if you're able.
Because the right to assembleisn't something we can take for granted,
but it is something that wecan protect.
The right to peaceablyassemble is one of our most profound
(26:26):
and beautiful freedoms.
Assembly is a separate, sacredtool of democracy, the heartbeat
of social change.
It's the right to standshoulder to shoulder with others
and say, we believe insomething better.
While this wraps ourFoundations of Freedom series, the
(26:49):
real work continues.
Defending our rights isn'tjust about knowledge.
It's about action.
So I'm going to leave you with this.
I want you to reflect on whatcause would move you to show up,
Check out the ACLU Protest Guide.
(27:12):
Listen to more human, more Kind.
Sign up for the weeklynewsletter, the Midweek Breath.
Until next time, stay curious,stay kind and keep showing up.
Hi, everyone, and welcome backto More Human, More Kind.
My name is Heather Hester, andthis is the final episode in our
Foundations of Freedom series.
And today we are exploring apart of the First Amendment that
doesn't get nearly enoughattention yet it holds so much power,
(01:45):
the right to peacefully assemble.
Today we're going to talkabout why the right to peacefully
assemble is more than just aprotest sign or a march.
It's actually the cornerstoneof a healthy democracy.
We're going to talk about whatthat means for you and your right
to peacefully assemble.
(02:05):
We're going to talk about whenthat started in history, the difference
between lawful assembly andunlawful activity, how marginalized
communities have used thisright to push for equality, and how
that's being challenged andeven taken away today.
(02:27):
And then what you can do toprotect this essential freedom and
use it for meaningful impact.
We have talked about speech,the press, religion, and the right
to petition, but none of theseexist in a vacuum.
They're strongest whenexercised together.
(02:48):
And the right to gather, toshow up side by side with others,
is what brings our values to life.
Think about the last time youstood in a crowd for something you
believed in, felt theheartbeat of those around you, of
(03:09):
the collective action, thatenergy just coming from all the people
around you.
Maybe the last time you sawpeople come together to protest or
to grieve or even tocelebrate, and.
And you felt this surge ofemotion, even if you were watching
(03:30):
from afar.
So today we're going to unpackwhere this right comes from, how
it's been challenged and isbeing challenged, and why it still
matters, maybe now more thanever before.
So, like we have in everyother episode, let's start with the
(03:52):
language from the Constitution.
Amendment number one says,congress shall make no law, abridging
the right of the peoplepeaceably to assemble and to petition
the government for a redressof grievances.
Notice the emphasis on peaceably.
(04:16):
So let's take a step back andunderstand where this powerful right,
this right to peacefullyassemble, actually comes from.
The concept didn't actuallyoriginate with the American Revolution.
It really goes back centuriesto English common law, where the
(04:36):
idea of people gathering,especially for public discourse,
was always treated withsuspicion by the Crown.
In fact, the UnlawfulAssemblies act of 1661 made it a
criminal offense for groups togather if their meeting could potentially,
quote, unquote, disturb the peace.
(04:59):
There was a deep anxiety amongmonarchs and elites about ordinary
people joining forces, becausewhen the public comes together, they
can challenge power.
Even peaceful assemblies weresometimes treated as dangerous threats,
especially if they had apolitical tone.
(05:21):
And that fear didn't disappearwith colonization.
In fear fact, it followed theEnglish settlers to the American
colonies.
So let's fast Forward then to1773, one of the most iconic acts
of American defiance, theBoston Tea Party, which was, at its
(05:44):
core, a gathering.
Citizens of Boston assembledin protest of British taxation policies,
specifically the tea act,which gave the British East India
company a monopoly on teasales in the colonies.
So disguised as Mohawk people,colonists boarded ships and dumped
(06:09):
342 chests of tea into the harbor.
It wasn't just a rebellious stunt.
It was a carefully organizedprotest, a performance of resistance
meant to rally support andspark dialogue.
This act of civil disobedienceled directly to the British government's
(06:33):
intolerable acts, whichincluded restrictions on public meetings.
So even then, you can see the pattern.
Protest leads to repression,which leads to a demand for rights.
The Boston Tea Party wasn'tjust about taxes.
It was about the right toassemble and say, this is unjust.
(07:01):
By the time the constitutionwas drafted in 1787 and the Bill
of Rights was added in 1791,the founders had these lessons in
mind.
They knew that if peoplecouldn't gather, they couldn't organize.
If they couldn't organize,they couldn't resist.
And if they couldn't resist,there was no real democracy.
(07:26):
That's why the First Amendmentprotects not only individual expression,
speech, press, religion, butalso collective expression.
I'm going to repeat thatbecause this is so amazing and cool,
and I want you to remember this.
(07:49):
The First Amendment protectsnot only individual expression in
the form of speech, Freedom ofspeech, freedom of press, freedom
of religion, but alsocollective expression.
The line, the right of thepeople peaceably to assemble isn't
(08:12):
an afterthought.
It's a recognition thatfreedom doesn't live in isolation.
It thrives in community.
The founders, especially JamesMadison, wanted to ensure that the
government couldn'tcriminalize dissent just because
people gathered to express it.
(08:32):
So while the modern mind mightjump to protest signs and marches,
the root of this right is deeper.
It's the freedom to cometogether, to build movements, to
share beliefs, to organize fora better future.
This right is embedded in ourDNA as a nation.
(08:56):
And it's not just about protests.
It includes rallies, vigils,marches, mutual aid meetings, and
community gatherings.
It's about people comingtogether to be seen, to be heard,
and to be counted.
(09:18):
So how has this been held up legally?
Well, here are a few courtcases that I thought you might find
interesting.
In De Young vs Oregon, theSupreme Court ruled that A Communist
party member couldn't bepunished simply for attending a peaceful
political meeting.
(09:38):
That was huge because itconfirmed that even unpopular views
deserve protection.
In the NAACP vs Alabama, thecourt protected the privacy of NAACP
members, affirming that beingpart of a group is part of assembling,
(09:58):
and the state couldn't demanda list of names to intimidate activists.
And finally, in Gregory vs.
Chicago, the court saiddemonstrators couldn't be arrested
just because others respondedviolently to their peaceful protest.
But there are limits.
(10:21):
Governments can impose whatare called time, place, and manner
restrictions.
You might need a permit, youmight not be allowed to block traffic,
but these restrictions have tobe neutral and not targeting a specific
group or message.
(10:41):
Peaceful assembly is not justabout the right to gather.
It's about the power of gathering.
It's how people makethemselves visible, how they raise
their voices in chorus, howthey ignite transformation from the
ground up.
Let's look at how this hasplayed out across time, across movements,
(11:05):
and why it matters today morethan ever before.
In 1955, Rosa Parks refused togive up her seat on a Montgomery
bus.
That moment sparked theMontgomery bus boycott, a 381 day
protest led in part by a young Dr.
(11:28):
Martin Luther King Jr.
It was a peaceful, powerfulexample of community led resistance.
People walked miles each dayto avoid segregated buses.
Churches became hubs ofplanning, resilience, and support.
(11:50):
And then, in 1963, over250,000 people gathered in the nation's
capital for the March onWashington for jobs and freedom.
That is where Dr.
King delivered his iconic Ihave a Dream speech.
A moment made possible becausethe people assembled peacefully to
(12:12):
demand racial and economic justice.
These weren't spontaneous uprisings.
They were planned, organized, disciplined.
They used the right toassemble, not just to protest, but
to build a movement.
(12:33):
Now let's look at LGBTQ rights.
In the early morning hours ofJune 28, 1969, police raided the
Stonewall Inn, a queer bar inGreenwich Village.
Raids were common, but thatnight, the community resisted.
(12:54):
For six days, people gatheredoutside, protesting police brutality
and harassment.
This was not a peacefulprotest in the traditional sense.
It was a rebellion.
But it was born of years oftargeted violence and marginalization.
(13:15):
And what followed was evenmore profound.
A movement.
Out of the ashes of Stonewallcame pride marches.
Beginning in 1970 and growinginto global celebrations of visibility
and demand for equal rights.
(13:35):
From act up, die INS tomarriage equality marches to Trans
Day of visibility events, theLGBTQ movement has relied on gathering
to exist because being seenwas itself a radical act.
(13:56):
Moving on to women's rightsmarches for equality and autonomy.
In 2017, the day after DonaldTrump's first inauguration, an estimated
5 million people around theworld participated in the Woman's
March, making it the largestsingle day protest in US history.
(14:19):
People marched forreproductive rights, pay equity,
racial justice and gender equality.
And more recently, the Roe v.
WADE reversal in 2022 sparkedwaves of protest in cities and towns
nationwide.
People assembled outsidecourthouses, in front of state capitols,
(14:41):
at clinics, and online.
These protests wereexpressions of grief, rage and collective
resolve.
For from suffragettes chainingthemselves to fences in the early
1900s to intersectionalmarches today, women have always
(15:03):
used assembly as a force for change.
Next, I want to look at theBlack Lives Matter and modern movements,
Other modern movements.
After the murder of GeorgeFloyd In May 2020, over 15 million
people took to the streetsacross all all 50 states.
(15:25):
It was the largest protestmovement in American history.
And while these protests didturn violent in certain cities, Chicago
being one of them, where therewas sustained looting and property
destruction, the vast majorityof these demonstrations and protests
were peaceful.
(15:46):
People knelt, people grieved,people held signs.
They marched in silence, they chanted.
And they demanded that blacklives be treated with dignity and
justice.
And it wasn't just aboutpolice brutality.
These gatherings made spacefor conversations about intersectionality,
(16:11):
the overlapping identities ofrace, gender, class, sexuality, and
ability.
The protests highlighted howsystems of oppression connect and
how liberation must be collective.
So I thought it might beinteresting to take a look at the
(16:33):
difference between assemblyversus insurrection.
On January 6, 2021, a violentmob stormed the US Capitol.
It was not a protest.
It was an insurrection, aneffort to overturn a democratic election
through violence, intimidationand destruction.
(16:56):
People attacked lawenforcement, desecrated government
property, and attempted toblock the peaceful transfer of power.
Contrast that with the handsoff moment on April 5, 2025.
That day, just a few weeksago, tens of thousands of people
(17:16):
across the country assembledpeacefully to defend bodily autonomy,
reproductive freedom, andtrans rights.
There were no weapons, noviolence, just presence, collective,
unified presence.
People stood in city squares.
(17:38):
They held signs, gathered atcourthouses and churches.
They grieved, they demanded.
They stood shoulder toshoulder, bound by a shared belief
in dignity, choice and freedom.
The difference between January6 and April 5 is the difference between
(18:00):
assembly and insurrection.
One was about protecting democracy.
The other was aboutdismantling it.
Here's the truth.
Most of these movements didn'tbegin as massive spectacles.
They began in someone's livingroom at a town hall on a college
(18:22):
campus, in a group chat.
Peaceful assembly is the seed.
Movements are the forest that grows.
Every candlelight vigil, everyposter board sign, every silent march.
These are not just acts of protest.
(18:42):
They're acts of hope, acts ofrefusal, acts of connection.
Democracy is not just voting.
Every few years, it'sgathering, listening, showing up,
speaking out.
(19:03):
Let's talk about where thesethings stand now.
Because while the right toassemble is foundational, it's not
invincible.
We've seen recent crackdownsthat raise real concerns.
Think about standing rock in2016, when indigenous water protectors
and allies gathered to opposethe Dakota Access pipeline.
(19:27):
These were peaceful gatheringsrooted in prayer and ancestral connection
to the land.
Yet they were met withmilitarized police, tear gas, rubber
bullets, and water cannons infreezing temperature.
It's not just about physicalpresence anymore either.
(19:50):
Technology has quietly enteredthe scene.
Surveillance of protesters is real.
From facial recognitionsoftware that can identify you in
a crowd to geofencing warrantsthat let law enforcement track everyone
near a protest site usingtheir phones.
(20:10):
Our right to be present isbeing digitally monitored.
This has a chilling effect.
People start asking, will I be watched?
Will I be flagged?
Will my presence be heldagainst me later?
And if that's not enough,we've seen the rise of anti protest
(20:32):
laws.
Over 30 states have passed orintroduced legislation since 2017
that criminalizes protesttactics like blocking traffic, picketing,
or even protesting nearcritical infrastructure like pipelines.
Some of these laws increasepenalties dramatically, or even shield
(20:56):
drivers who hit protesterswith their cars.
Pen America has done extensivereporting on this, and it's a trend
we cannot afford to ignore.
What is even more troubling isthe shift in rhetoric.
Peaceful protest isincreasingly conflated with rioting
(21:17):
or domestic terrorism.
You'll hear terms likeanarchists, outside agitators, or
threats to public safetythrown around, often to delegitimize
movements for justice.
This kind of language isn't neutral.
It sets the stage for suppression.
(21:39):
And this erosion isn't justhappening here.
In authoritarian regimes, theright to assemble is often one of
the first freedoms to go.
Think Russia, Iran, China, Hungary.
What makes democracy vibrantis not the absence of conflict.
(22:02):
It's the ability to disagree,to show up, to be visible.
And when that ability isthreatened, we have to pay attention.
Now, I want to pause here andmake something really clear.
Gathering isn't always about protest.
(22:22):
Yes, we absolutely gather toresist, but we also gather to grieve
and to celebrate and to build.
Think of a vigil.
People holding candles,quietly standing in solidarity after
a tragedy.
It's sacred, it's solemn.
(22:44):
It says, we see this, weremember, we Care.
Think of a Pride parade or aJuneteenth celebration.
Joy is resistance.
Celebration is visibility.
(23:04):
When marginalized communitiesshow up in public to honor themselves,
it's revolutionary.
And then there's the quiet,consistent power of mutual aid groups,
community teach ins,solidarity circles.
These gatherings may not grabheadlines, but they're where change
(23:29):
is grown.
Slow, steady and rooted.
We gather because it healssomething ancient in us.
We are not meant to navigateinjustice or even life alone.
Protest is the beginning of aconversation, not the end.
(23:52):
It's an invitation to listen,to learn, and to grow.
So when we talk aboutassembly, let's remember it's not
just a political act.
It's a human one.
Okay, so what now?
You may be wondering, what canI do to support the right to assemble,
(24:16):
especially if I'm not alwaysin the streets?
Here are a few grounded,powerful ways to take action.
1.
Know your rights before youshow up.
Know what's protected and whatto do if your rights are violated.
The ACLU has an excellentProtesters Rights guide, which I
(24:38):
will put in the show notes to.
2.
Show up.
You don't have to be on thefront lines every time.
Showing up can look likeattending a rally or a vigil.
Sharing accurate informationonline, making a donation to support
(24:59):
protesters or bail funds,amplifying the voices of community
organizers.
There are many ways to showup, many ways to be present physically,
virtually, vocally.
3.
Protect others.
(25:20):
If you have privilege, use it.
Be the person who records, whoobserves, who checks in.
Be the one who helps othersget home safely or.
Or who just says, I'll go with you.
Your presence can createsafety and accountability.
(25:41):
4.
Support the protectors.
There are organizations doingthis work every single day.
The aclu, the National LawyersGuild, Protect the Protest, which
is a coalition defendingprotesters and the right to dissent.
And I will have links to allthree of these organizations in the
(26:02):
show notes as well.
Support them.
Follow them, volunteer if youcan, and donate if you're able.
Because the right to assembleisn't something we can take for granted,
but it is something that wecan protect.
The right to peaceablyassemble is one of our most profound
(26:26):
and beautiful freedoms.
Assembly is a separate, sacredtool of democracy, the heartbeat
of social change.
It's the right to standshoulder to shoulder with others
and say, we believe insomething better.
While this wraps ourFoundations of Freedom series, the
(26:49):
real work continues.
Defending our rights isn'tjust about knowledge.
It's about action.
So I'm going to leave you with this.
I want you to reflect on whatcause would move you to show up,
Check out the ACLU Protest Guide.
(27:12):
Listen to more human, more Kind.
Sign up for the weeklynewsletter, the Midweek Breath.
Until next time, stay curious,stay kind and keep showing up.
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