Monday, June 15, 2020

Law School Grad Chris Cuomo Learns the Constitution

The "Ramen King" is now a viral superstar as CNN's "Fredo" gets his:

By way of context, from a recent dialogue here at American Creation:

How far would that extend? If 1,000 people are peacefully marching and one person or three breaks a window or throws a firecracker does that make it a riot?
This is a prudential question, not one of principle. You are also conflating individual rights with that of the assembly itself.
"or the right of the people peaceably to assemble..." 

Let's be clear: The Founders explicitly exclude unpeaceable assemblies here. Whether an unpeaceable assembly can be tamed is a prudential assessment on the ground, and one that cannot be made with any certainty. As a judge I would give law enforcement wide latitude unless a pattern of bad faith could be established [as was provably the case in Bull Connor's Birmingham].

Are all the people culpable for the actions of one or even a few?

The assembly is [prudentially] responsible for policing its own peaceable conduct if it wishes to continue. The assembly is not constitutionally protected unless it is peaceable. This is explicit in the text.
Takeuchi said San Diego police only made the declarations after objects like “rocks, bottles were thrown at us. … Whenever that action started, we immediately announced an unlawful assembly.”
It wasn’t long after that police used force to disperse the crowd. 


jimmiraybob said...

The principle in question is whether or not the rights of the many, let's call them the peaceful protesters, can be nullified by the few, let's call them outside agitators and/or extremists.

"The assembly is [prudentially] responsible for policing its own peaceable conduct if it wishes to continue."

As I mentioned, I have seen video after video and read article after article where protesters and protest organizers have attempted to 1) stop unpeaceful agitators from breaking things or fomemting violence, 2) apprehended agitators fomenting violence and even turned them over to police, and 3) formed lines to protect vulnerable law enforcement. In essence, policing themselves.

When a large gathering of people are attempting a peaceful protest and attempting to police themselves then I'm saying that it's beyond prudence for police to show restraint and due respect for the rights of the many. Undue indiscriminate escalation is itself destructive.

And, the original context was indiscriminately lumping all protesters as rioters, if I recall correctly. Maybe some others, perhaps schooled in the law, could give this a crack.

Tom Van Dyke said...

Unresponsive. The vast majority of marches were permitted to proceed unmolested. The unlawful ones were halted. Neither were the curfews successfully challenged as unconstitutional.

The right to assemble is not unlimited; before this latest tidal wave proved unresistable, permits are otherwise routinely required by local governments so they can prepare the logistics. Despite these mild restrictions, the right itself is preserved. When it is not--such as in Bull Connor's Birmingham--only then does it become a constitutional issue.

For instance:

Philadelphia welcomes groups looking to express their right to free speech peacefully. All groups were asked to submit a request for a permit.

All demonstration permit applications were submitted through the Office of Special Events and reviewed by an internal working group to ensure safety and accessibility for those participating in the demonstrations and the public at large.

The City expects on average 35,000-50,000 protesters each day across the city. While these demonstrations may cause some road closures, we expect they will be temporary. Be sure to check @PhiladelphiaGov on Twitter or our Convention website for updates from Saturday, July 23, to Thursday, July 28.

Below is a map of the protest zone sites at FDR Park as well as a list of all permits that were requested, including permits approved, denied, or withdrawn.

This page was last updated at 12:38 p.m. on July 22, 2016.


Cuomo was OWNED by the Ramen King. Not the first time. What a lightweight.