Right to Assemble and Crowd Control Tactics
Throughout the history of the United States, the First Amendment right to “peacefully assemble” has been challenged dozens of times in court. Notably, court cases often center around issues of public safety vs. free speech, and debate about what constitutes “peaceful” assembly is often nuanced and subjective. Over time, court interpretations of the First Amendment have allowed for neutral restrictions that address the “time, place, and manner” in which an assembly can take place, but overall the ability to gather in protest of government action has been upheld as a fundamental right.
Over the last twelve months, the extent to which the federal government is willing to tolerate public protest has been called into question. Furthermore, incendiary rhetoric and specific cases of violence, some deadly instances, have heightened tensions around the country. In a recent case involving Jack Dikinison (aka the Portland Chicken) and others against President Trump and the Department of Homeland Security, U.S. District Court Judge Michael Simon ordered a preliminary injunction that prohibits federal agents from using chemical or projectile munitions in any case other than “as reasonably necessary in a defensive capacity” against specific individuals who are “actively engaged in violent unlawful conduct.”
In the opening lines of Judge Simon’s opinion, he writes: “In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case. Our nation is now at a crossroads. We have been here before and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk.” Judge Simon’s ruling, and any challenges it may face, are now among the list of historically significant judicial actions relating to the First Amendment and the endurance of the rule of law in the United States.
This publication’s Current Events resources examines the history and present dialogue around the fundamental U.S. rights of assembly, speech, and protest. The resources shared provide information and context around the key elements of such rights and the changing landscape of what is now within and outside the bounds of the law. As a complimentary resource, visit a previous Current Event publication regarding protests on school campuses HERE. Or for an international perspective, visit a past Current Event publication HERE.
Essential Questions:
- What constitutes “violent unlawful conduct?”
- Under what circumstances can the United States government deny the right of the people to protest and/or assemble?
- What role do states and local communities have in shaping federal law enforcement practices in their region?
- Does protesting in an organized group constitute “conspiracy”?
- How has the First Amendment right to peaceful assembly been challenged in the past, and how do those rulings influence the current landscape?
- What is the relationship between political rhetoric and labeling and law enforcement tactics?
Vocabulary:
Preliminary Injunction – “Preliminary injunction is an injunction that may be granted before or during a trial, with the goal of preserving the status quo before a final judgment”
Redress – In law, redress refers to the correction of a wrong, injury, or grievance, typically through legal remedies like compensation, restitution, or equitable relief
Violent unlawful conduct – A person commits unlawful conduct when that person disturbs, tends to disturb or aids in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control. (Ord., 4-8-1997)
Non-lethal munitions – devices reportedly designed to incapacitate personnel or materiel instantly while minimizing fatalities, permanent injury, and property damage. These tools, which include tear gas, pepper spray, bean bag rounds, and tasers, are used by law enforcement and military for crowd control, subduing individuals, or protecting in self-defense scenarios where lethal force is not required.
Assembly – a company of persons gathered for deliberation and legislation, worship, or entertainment
Videos:
Background Resources:
“The right to assemble and petition: common interpretation” National Constitution Center, Accessed 16 March, 2026
“‘Less-lethal’ crowd control weapons when misused can cause serious injury, disability, and death.” Physicians for Human Rights, Accessed March 16, 2026
“Protests for Public Safety: A Guide for Cities and Citizens” Constitutional Protest Guide, Accessed March 17, 2026
“DeJonge v. Oregon (1937)” Free Speech Center at Middle Tennessee State University, Accessed March 17, 2026
“Add Identification of Law Enforcement Officers Code to prohibit facial covering, require badge visibility, and require identity verification for individuals conducting law enforcement activities (add Code Chapter 23.30)” Portland.gov, March 17, 2026
“Countering Domestic Terrorism and Organized Political Violence” Whitehouse.gov, September 25, 2025
Recent Articles:
“Judge limits crowd control devices at Portland ICE building, says federal officers must identify themselves” Oregon Public Broadcasting, March 09, 2026
“In Portland hearing, DHS testimony shows officer confusion on use of force” NPR, March 13,2026
“9 accused of antifa ties are convicted — 8 on terror charges — in shooting at Texas ICE center” L.A. Times, March 14, 2026
“Federal Prosecutors Drop Charges Against 2 of ‘Broadview 6’ in Conspiracy Case” WTTW News, March 12, 2026
“Alarm after FBI arrests U.S. Army veteran for ‘conspiracy’ over protest against ICE” The Guardian, September 02, 2025
Recent Editorials:
“Statement on wearing of masks by ICE agents.” New York Bar Association, June 20, 2025
“Student Protests Matter.” Huntington News, Northeastern University, February 19, 2024
“Why college protests make better leaders.” Time Magazine, October 09, 2025
“On Trump’s Anti-Antifa Executive Order” Cato Institute, September 23, 2005
“ICE expansion has outpaced accountability. What are the remedies?” Brookings, January 26, 2026
Lesson Plans:
“Lesson Plan: Assembly and Petition” Interactive Constitution, Accessed March 17, 2026
“Freedom of Assembly: the Right to Protest” Annenberg Classroom, Accessed March 17, 2026
“Should ICE agents be required to visibly identify themselves?” Lesson Plan and Essential Questions Closeup.org, December 05, 2025
Resources for Younger Students:
First Amendment Lesson Plans First Amendment Museum, Accessed March 19, 2026