# Reconsidering the Legal Position of Protesting By:: [[Brian Heath]] 2024-06-14 In America and around the world, the right to protest is complicated. In many places, one can protest as long as it is peaceful and does not cause an undue disturbance. However, there are also many places where protests are just banned outright. Bolstered by such successes as the protests in the civil rights movements in America and the freedom protests in India, many believe the right to protest is a fundamental feature of democracy and freedom. So, they advocate for expanding the legality of protests. The idea is that more freedom to protest means more voices will be heard, and changes will come more rapidly. Of course, traditionalists and conservatives are against such expansions. They argue that those who protest are fringe members of society, and they will disrupt the peaceful operations of the community at every turn. Both sides have relevant arguments. Lowering the restrictions on protesting would make it easier for more people to voice their dissent in a public spectacle. Depending upon one's leaning, one will read the last sentence as being good or bad. However, I think many on both sides don't quite understand the dynamics of protests. Protesting works because it generates attention that causes one to face an issue head-on. This galvanizes an indifferent population to be for or against the ideals of the protest. But how do successful protests get so much attention? Because these protests were illegal. This generated news and widespread discussion, especially if a lot of people were arrested or beaten. Rarely, if ever, does one hear about a legal protest. Thus, a significant ingredient of a successful protest is its illegal and socially subversive nature. So, both sides may want to consider whether they want the legality of protesting to expand or contract. After further consideration, one may see a reversal of positions: conservatives expanding the right to protest and liberals restricting it. However, this is so far outside their narrative and ideologies that it will never happen. Thus, the power of analysis is merely a pebble in the shoe of ideological might. Some may stop to consider how and why the pebble is there, but many will just keep marching on. #### Related Items [[Protest]] [[Ideology]] [[Analytics]] [[Legal]] [[American]] [[Conservative]] [[Liberal]] [[Thinking]] [[Policies]]