Does First Amendment give Ferguson hoodlums right to riot?

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Ferguson protests, riots and looting create total chaos – photo credit – You Tube

WASHINGTON, November 26, 2014 — America and the upstanding residents of Ferguson, Mo., have had enough of the rioting, looting and mayhem in the name of Michael Brown. The line of peaceful assembly that Rev. King and other civil rights leaders stood and died for has been abandoned. Instead, local and state officials in Missouri are bending over backward wondering, does the First Amendment give Ferguson hoodlums rioting rights?

It was easy to predict that Ferguson would explode into violence if Officer Darren Wilson weren’t indicted. The warnings from elected officials were plentiful, including from Missouri Governor Jay Nixon, who on Monday, Nov. 17 declared a state of emergency and ordered the state’s National Guard to support police in case of violence after the grand jury rendered it decision.

All warnings aside, this was a notice to the good citizens of Ferguson: Make certain that you have your guard up. The governor was anticipating that there were going to be some super angry community thugs, lawbreakers, and race-hating trouble makers getting ready to light up their streets once darkness and a decision fell upon them.

Preparing for night violence instead of banning night protests is common sense. Accommodating nighttime violence is nonsense. Have the governor, the public officials of Ferguson and the nation lost their minds and their common sense? How does any definition of freedom of speech and First Amendment rights fit logically into rioting or even marching at night? How can that be anything more than an open invitation to violence? Let’s be serious for a moment.


Did Rev. Martin Luther King Jr. ever march for freedom and civil rights at night? Do you know who did set fires and commit violent acts at night? The Ku Klux Klan. The night stalkers of racial hatred used the cover of night as their happy hunting grounds. They burned churches, homes and black businesses with open impunity.

So we ask, what does this have to do with freedom of speech?

It appears that the only legitimate purpose that can be derived from protesting at night is to cause trouble at night. With darkness, the perpetrators of evil intended deeds can toss rocks, burn cars, and businesses which are exactly what occurred on Monday night in Ferguson. These thugs of the night are no different and no less than the Ku Klux Klan of the late 19th and 20th Century.

Klan acts of racial intimidation, murder and destruction ravaged black communities all across the south and sometimes in other parts of the country. The klan was opposed by groups like the NAACP. The courts were used successfully to combat this vile nighttime mayhem.

Where is the NAACP today? Where are the black leaders? Today’s black leaders look the other way and refuse to demand that peaceful protests be held in the light of day.

The inaction of leaders in urban communities is totally repugnant to the memory and to the principles of American freedom fighters like Rev. King. The mainstream media were successful at bringing the attention of the nation and the world to the suffering, inequities and injustices of racial discrimination. The same media have ignored the fact that these looters and so-called “Justice for Michael Brown” marchers need the cover of night to show their concern about police brutality and other offenses. Then the violence begins.

The line in the sand of peaceful protest has been crossed and this dirty little secret which is not even being whispered by public leaders including the president is not so secret. The rioters are domestic terrorists! Their only purpose is to incite violence and the U.S. Supreme Court ruled in the 1969 Brandenburg v Ohio case, that “the First Amendment allows punishment only of subversive advocacy calculated to produce ‘imminent lawless action’ and which is likely to produce such action.

What better set of facts does a court need than the utterances of the Black Panthers, and other subversive organized protest efforts, including Al Sharpton, to show that they are involved in subversive advocacy calculated to produce “imminent lawless action”?

There is a clear and present danger that lawful residents of Ferguson and the rest of the country have to come to terms with: If you want peaceful protest and peaceful assembly, then make certain it is held between the hours of daylight and dusk. Standing up for freedom is best accomplished in the light of day. Leave the night to law enforcement to round up and lock up the night-crawling looters; after they’re caught, booked and jailed, they can exercise their freedom of speech through a narrow jail cell.

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Kevin Fobbs
Kevin Fobbs began writing professionally in 1975. He has been published in the "New York Times," and has written for the "Detroit News," "Michigan Chronicle," “GOPUSA,” "Soul Source" and "Writers Digest" magazines as well as the Ann Arbor and Cleveland "Examiner," "Free Patriot," "Conservatives4 Palin" and "Positively Republican." The former daily host of The Kevin Fobbs Show on conservative News Talk WDTK - 1400 AM in Detroit, he is also a published author. His Christian children’s book, “Is There a Lion in My Kitchen,” hit bookstores in 2014. He writes for Communities Digital News, and his weekly show "Standing at Freedom’s Gate" on Community Digital News Hour tackles the latest national and international issues of freedom, faith and protecting the homeland and heartland of America as well as solutions that are needed. Fobbs also writes for Clash Daily, Renew America and BuzzPo. He covers Second Amendment, Illegal Immigration, Pro-Life, patriotism, terrorism and other domestic and foreign affairs issues. As the former 12-year Community Concerns columnist with The Detroit News, he covered community, family relations, domestic abuse, education, business, government relations, and community and business dispute resolution. Fobbs obtained a political science and journalism degree from Eastern Michigan University in 1978 and attended Wayne State University Law School. He spearheaded and managed state and national campaigns as well as several of President George W. Bush's White House initiatives in areas including Education, Social Security, Welfare Reform, and Faith-Based Initiatives.
  • Gale Hawthorne

    Without black violence, how would Americans stay entertained?

  • navymikeussn

    Brother Kevin, do not forget it is the lying white liberals and the communist liberal media, along with the satanic preachers, that there only goal in life is to destroy America and Americans be they Black, White, Red, Yellow. Forget about this president he does what his master George Soros tells him to do. It is up to Americans of GOOD WILL BLACK , WHITE, RED AND YELLOW TO DENOUNCE THESE GROUPS AND TO GO AFTER THEM WITH A VENGEANCE.

  • uncommonsense2010

    the scary thing is what does this teach the youth. That until the National Guard shows up you can do anything you want?

    Unless this is prosecuted heavily and rewards are put out to entice people to snitch this will go down as just another day of fun.

    If these people are made to pay for their actions, even though they got sucked into it, then there might be a change.

  • uncommonsense2010

    Because you mentioned the KKK

    KKK Terrorist Arm of the Democratic Party
    By Frances Rice

    History shows that the Ku Klux Klan was the terrorist arm of the
    Democrat Party. This ugly fact about the Democrat Party is detailed in
    the book, A Short History of Reconstruction, (Harper & Row
    Publishers, Inc., 1990) by Dr. Eric Foner, the renown liberal historian
    who is the DeWitt Clinton Professor of History at Columbia University.
    As a further testament to his impeccable credentials, Professor Foner is
    only the second person to serve as president of the three major
    professional organizations: the Organization of American Historians,
    American Historical Association, and Society of American Historians.

    Democrats in the last century did not hide their connections to the Ku
    Klux Klan. Georgia-born Democrat Nathan Bedford Forrest, a Grand Dragon
    of the Ku Klux Klan wrote on page 21 of the September 1928 edition of
    the Klan’s “The Kourier Magazine”: “I have never voted for any man who
    was not a regular Democrat. My father … never voted for any man who was
    not a Democrat. My grandfather was …the head of the Ku Klux Klan in
    reconstruction days…. My great-grandfather was a life-long Democrat….
    My great-great-grandfather was…one of the founders of the Democratic
    party.”

  • Barney Ross

    Considering the nature of today’s violent criminals, pocket pistols are a useful tool for armed self-defense.