Law and Riots (Judge-Taught)

Protest or riot? Civil disobedience or insurrection? Cities, universities, and other governmental entities must simultaneously protect free speech and public safety while managing mass demonstration events. The legal, ethical, and practical issues presented by these events will be the focus of this course. When, if at all, can governments restrict unpopular speech, and when does such speech become criminal? After these events, what is the role for non-criminal investigations to play in assessing responsibility and charting a course forward? In this course, we will consider theories of civil disobedience, the history of civil unrest and riots in the United States, and the law surrounding mass demonstration events, We will consider how cities, law enforcement, and prosecutors have responded to civil unrest, and how the courts have interpreted these responses after the fact. We will examine in detail recent events including the Unite the Right rally in Charlottesville in 2017, the protests and riots following the murder of George Floyd, and the January 6th, 2021 attack on the United States Capitol.