The robust American traditions of free speech and gun rights are clashing at anti-racism protests this year in a way rarely seen before in the United States, legal scholars and law enforcement leaders say
that certain"fighting" words fall outside the protections of the First Amendment as well as others on what law enforcement owes public speakers.
They say that armed volunteers protected non-violent Civil Rights era leaders and point out that Martin Luther King Jr. in 1956 applied for a concealed carry gun permit in Alabama, shortly after his house was bombed. His request was rejected. Zick and Magarian acknowledge it is difficult to measure exactly how free speech is being chilled by public gun carriers. Firearms at contentious public political rallies may “inhibit people from coming out and speaking and participating and making their voices heard” in the first place, Magarian said.
Houston city ordinances forbid protesters from carrying metal rods or pipes at demonstrations, Satterwhite said, “yet you can bring a firearm. It seems a little counterintuitive to us as law enforcement officers.”
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