Efforts To Disassemble: How The North Carolina General Assembly Is Working To Undermine Your Right To Protest.
Over the past year, we’ve seen Americans across the country take to the streets to protest police brutality, racism, and a deeply unjust criminal justice system. The majority of these protests were peaceful and have brought about real dialogue and in some instances reforms. Unfortunately, others weren’t always as peaceful. In some places, including here in North Carolina, clashes between protesters and law enforcement erupted, rioting ensued, and damaged properties and communities were left in their wake.
Since then, we’ve seen the First Amendment for millions of Americans come under attack by politicians who are trying to discourage protesting by making vague laws that can sweep up entire groups of peaceful protesters with serious felony charges. My friends, with the introduction of House Bill 805, North Carolina is no different. I firmly support anyone and every North Carolinians right to peacefully protest any issue or grievance. Now I must say, I have never supported violence and vandalism, and I do not plan on starting any time soon. However, the fundamental right to freedom of speech and assembly, enshrined in our Constitution, should never be abandoned in the name of property that can be replaced.
House Bill 805 (HB805) infringes on one’s Constitutional rights to freedom of speech, and to peacefully assemble. This bill, drafted by Speaker Tim Moore himself, will discourage protests by imposing severe penalties on people arrested during the course of a “riot”.
Looking at the language in this bill, we can see it is ambiguous and allows for law enforcement to charge people excessively. As we have seen throughout American history, people of color are more likely to suffer irrational treatment at the hands of law enforcement and prosecutors when given broad discretion to punish people.
If this bill were to become law, it could have a chilling effect on North Carolinians’ First Amendment Rights, forcing them to jeopardize their immediate and long-term freedom and health to make their voices heard. These are our neighbors, friends, and students who are fighting for ideals such as racial equity, equal opportunity, immigration rights, and so much more.
Under HB805, North Carolina lawmakers would give law enforcement broad discretion to arrest, charge individuals with enhanced felonies, and ultimately require individuals to be held in custody without bond on the alleged charges for up to 48 hours. Yes, you read that correctly. No bond. Individuals must be held without bond until seen by a judge. A magistrate would not be able to set a bond unless 48 hours passed, at which time a magistrate could determine the conditions of release. These provisions treat protestors allegedly “rioting”, the way the law treats individuals charged with domestic violence, capital murder, and certain drug trafficking, gang, or firearm offenses.
This is not the North Carolina we want and it’s not the North Carolina we deserve.
HB805 infringes on our liberties and undermines our First Amendment rights for all in North Carolina.
Instead of excessive government overreach and punishing people for rightfully voicing their concerns, we must be listening to not only what the American people want, but what they need. In the current social and political climate, we must address problems such as systematic racism, immigration rights, and police reform — nothing about HB805 attempts to address any real problems. North Carolinians and the American people at large, should not fear gathering in solidarity with one another to express themselves and demand the changes that we as lawmakers have the power to bring.
Finally, I want to give a big shout-out to the people of Pasquotank County, North Carolina. For over 100 days since the death of Andrew Brown Jr, they have been peacefully but forcefully calling for change from their county and state leaders. Demonstrations like these are not only purposeful, but signs of a healthy democracy, and we should be doing everything we can to protect the right to peacefully assemble for our future generations to come.
