Managed Dissent: The Law of Public Protest

The 2020 police murder of George Floyd led to massive street demonstrations, highlighting the importance of public dissent in communicating grievances and standing in solidarity with others. However, the demonstrations also showed that the laws surrounding public protest make it more dangerous, costly, and less effective. Managed Dissent argues that reforming these laws is necessary to preserve the tradition of public protest in the US.

Format: Hardback
Length: 300 pages
Publication date: 11 May 2023
Publisher: Cambridge University Press

The massive street protests that erupted in response to the police killing of George Floyd in 2020 may have been the largest in American history. These events underscored the enduring importance of public dissent in a digital age, as people utilize it to express grievances, shape public discourse, and foster collective solidarity with others. However, the demonstrations also exposed the fragility of the legal framework governing public protests, making them more perilous, expensive, and less impactful. Law enforcement officials deployed tear gas against peaceful crowds, resorted to physical force against compliant demonstrators, imposed sweeping curfews, restricted the locations where protesters could gather, and abused laws pertaining to unlawful assembly and public disorder. These practices and others exemplify a system that tightly restricts public protest in the name of maintaining public order.

In order to safeguard the centuries-old tradition of public protest in the United States, Managed Dissent advocates for comprehensive reforms to the law of public protest. These reforms should aim to enhance the safety and accessibility of protests, while also promoting greater accountability and transparency from law enforcement agencies. One key aspect of reform is the need to address the excessive use of force by law enforcement. This includes training officers to de-escalate situations and use non-lethal methods whenever possible, as well as implementing strict guidelines and consequences for officers who violate protesters' rights.

Furthermore, the legal framework surrounding public protests should be expanded to protect the rights of peaceful demonstrators. This includes the right to assembly, the right to free speech, and the right to petition the government. The government should also be prohibited from using broad or vague laws to suppress protests, such as the unlawful assembly and public disorder laws that have been abused in the past.

Another important aspect of reform is the need to promote greater transparency and accountability in law enforcement agencies. This includes establishing independent oversight bodies to investigate incidents of police misconduct and ensure that officers are held accountable for their actions. Additionally, the public should have access to information about police budgets, training programs, and use-of-force policies, to enable them to hold law enforcement agencies accountable for their actions.

In conclusion, the mass street demonstrations that followed the police killing of George Floyd highlighted the enduring importance of public dissent in a digital age. However, the demonstrations also exposed the fragility of the legal framework governing public protests, making them more perilous, expensive, and less impactful. To preserve the tradition of public protest in the United States, it is essential to implement comprehensive reforms that enhance the safety and accessibility of protests, promote greater accountability and transparency from law enforcement agencies, and protect the rights of peaceful demonstrators. By doing so, we can ensure that the voices of the people are heard and that meaningful change can be brought about in our society.

Weight: 191g
Dimension: 229 x 152 x 19 (mm)
ISBN-13: 9781316519561