Biden is encouraging illegal intimidation of justices

The right of the people peaceably to assemble is so fundamental to the foundation of our nation that it is enshrined in the First Amendment. But the term “peaceably” is key. And the “when” and “where” that people choose to protest absolutely speak to whether a protest is peaceable.

In the summer of 2020, a wave of protests sparked by the murder of George Floyd swept the nation. While many on the Left have sought to downplay the violent nature of hundreds of these gatherings, it is undisputed that they caused over $2 billion in damage.

Passionate protests always have the potential to turn violent, which is why it definitely matters where they happen. It is one thing to protest outside city hall, a police station, or the Supreme Court. It is an entirely different act to protest outside a mayor’s personal residence or a police officer’s house. In 2020, unfortunately, many Black Lives Matter protesters crossed this line, demonstrating in residential neighborhoods, especially outside of mayors’ homes, many of which were vandalized.

This is why federal law prohibits picketing or parading in front of the home of a judge, juror, witness, or officer of the court under pain of up to one year in prison. Efforts to intimidate people within the legal system are an offense against judicial independence, a key prerequisite to democracy. If protesters want to demonstrate outside the Supreme Court, that is fine. But going into a judge’s neighborhood and marching in front of his or her home is too far. It is a dangerous act of intimidation that should be roundly criticized.

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