Reference no: EM133286264
Case: As the result of ongoing tensions related to the past presidential election, a group of citizens organize to protest on the National Mall followed by a march to the Capitol building. The protesters organize on the National Mall (a public park near the Capitol.) The protest begins with a number of organizational leaders making harsh statements about the election process and the failures of Congress to adequately address concerns of voter fraud. The group leaders suggest that the members of Congress are inadequate leaders and they call for their resignations.
During the protest a large group forms. After the speeches, a segment of the group begins to march towards the Capitol. Some members of the group become enraged by the speeches when they hear of the failures of the government. Two members from the group set fire to two U.S. flags to show their disgust with the current government. Other members from the group take to the streets and begin to have a sit-in on the public roadway to hinder the flow of traffic. Some members breach the security barriers established for the security of the Capitol and enter the building. Still others start to run through the streets breaking car windows and knocking over trash cans into the streets.
The protest group leaders (who did not take part in the march), the men burning the flags, those participating in the sit-in, those who breached the security barriers and entered the Capitol, and those breaking windows all get arrested. They are all charged with rioting and disorderly conduct. In addition, the men burning the flags are charged with a violation of a newly enacted D.C. law banning flag burning. (Note that the flag burning statute exists for purposes of our fact pattern, but it is not an actual statute under the currently enacted D.C. Code.) The men and women breaking windows are charged with malicious damage to property. The men and women that breached the barriers of the Capitol are charge with trespassing. (The group representatives had requested and received a permit to host the event, so no charges were brought for the failure to obtain a permit.) *** Although there may be additional federal charges for the offenses, please focus on the charges provided above.
They all defend on the fact that their actions are protected by the First Amendment. Do you think their defense will be successful? Why or why not? Please remember to evaluate each of the charged offenders (or categorical group of offenders) separately.