The First Amendment & Black Lives Matter - Blog #3

https://gazette.com/opinion/editorial-no-virus-gets-to-kill-the-first-amendment/article_d93977e0-7934-11ea-ac6e-73f2b3e1daff.html

What is the First Amendment? 

The First Amendment says that "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" (Aggergaard, 2015).

On December 23, 2015, the Minnesota "StarTribune" posted an article about a planned protest that would occur at the Mall of America. Mall of America attorney, Susan Gaertner, heard word of this protest through social media and ordered that any posts encouraging a protest should be deleted and that the protest organizers communicate the cancellation to those planning on attending. Attorney Jordan Kushner responded by saying that it would be unprecedented to regulate social media. 

The judge on the case, Judge Karen Janisch, seemed concerned about who she was being asked to restrain since Black Lives Matter was not a formal corporation but more of a product of online media. Ultimately, Judge Janisch restrained three named potential protesters but not Black Lives Matter as a group. Online posts remained online and the protests occurred. Protesters dispersed when ordered to do so by police. 

Even though the expression at issue may encourage illegal trespassing, a court generally cannot restrain expression before it has the chance to occur. 

I find this article to be very interesting because protests were occurring way before the year of 2020 where most gained word of Black Lives Matter. In this specific case, the Mall of America attorney was unable to censor the social media posts even though the Minnesota Supreme Court ruled that protests located at the Mall of America are not constitutionally allowed. 

Source(s) Used:

https://www.law.cornell.edu/constitution/first_amendment

First Amendment. (n.d.). Retrieved September 15, 2020, from https://www.law.cornell.edu/constitution/first_amendment

 

https://www.startribune.com/black-lives-matter-and-the-evolution-of-the-first-amendment/363428071/?refresh=true

Aggergaard, S. (2015, December 24). OPINION EXCHANGE: Black Lives Matter and the evolution of the First Amendment. Retrieved September 15, 2020, from https://www.startribune.com/black-lives-matter-and-the-evolution-of-the-first-amendment/363428071/?refresh=true