The Fourth Circuit makes it clear: the First Amendment does not protect violent protests, nor does it obligate police to ensure speech rights amid violence.
Balogh's civil rights lawsuit mirrors Kessler's failed assertions, revealing that rights claims during violent protests face significant judicial scrutiny.
In cases where both sides resort to violence, the government’s response may include limiting speech, which is deemed common sense rather than a violation of rights.
Judicial precedent from Kessler's case indicates that courts hold a strict view on the limits of the First Amendment in violent situations, diminishing the chances of success for such claims.
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