Every state in the country has laws on the books that they should use to limit right-wing rallies from getting out of hand, a Georgetown University study urged Thursday.
The school’s Institute for Constitutional Advocacy and Protection said states can use laws prohibiting private militias and paramilitary activity to head off rallies like last year’s Charlottesville, Virginia demonstration that erupted into violence and the death of a counter protester, as well as two state police troopers who were monitoring the situation.
Mary McCord, senior litigator at the institute, said paramilitary groups created a hostile environment in Charlottesville, hoping to incite clashes with counter protesters.
But they crossed the line by claiming to be providing security, she said. In effect, they presented themselves falsely as peace officers, which she said amounted to a misdemeanor under Virginia law.
“This is a military tactic,” she said. “We saw that the law must have an answer for this activity.”
All states have statutes outlawing falsely presenting oneself as a police officer, prohibiting assembly of private military groups or punishing use of firearms to create civil disorder.
Ms. McCord said her legal team successfully curbed violence at a “White Lives Matter” protest last October in three cities in Tennessee using the tactics.
Adam Tucker, an assistant city attorney for Murfreesboro, Tennessee, said he worked with local officials and Georgetown’s team of attorneys.
He organized the protesters and counter-protesters into separate areas. Each area had security checkpoints, which prohibited certain items that could be used as weapons.
The “League of the South” even canceled one of the planned events due to the long security lines.
“We drew up conditions and restrictions for the rallies that ensured the preservation of First Amendment rights while protecting public safety,” Mr. Tucker said.
The Georgetown institute and local attorneys filed a lawsuit in October against the hosts of the “Unite the Right” rally in Charlottesville, asking the court to prohibit the return of white supremacists to the city.
According to Ms. McCord, one of the groups is planning to return to the city August 12 to mark the one year anniversary of the infamous rally.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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