Gun Control and First Amendment Term Paper

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It would also be highly recommended that there are designated buffer zones between the convention and any designated First Amendment Zones. Additionally, these zones must be away from any other public areas. If they are too close to public areas, like malls, they may inadvertently disrupt the flow of the public and endanger passersby.

There are also recommendations for general policy of the possible disruption of protest groups at the DRNC event. If officers were to commence in disrupting the protest groups, it would be absolutely necessary to show they were acting in accordance with the misdemeanor violation of Section 870.02 in the 2002 Florida Statutes. Essentially, this would mean that officers would have to prove more than three individuals were acting in a way to disturb the peace, rather than to peacefully assemble. It is true, "no actual breach of peace needs to take place" (Unlawful Assembly Dispersal Order). Yet, because of the high profile nature of this event, officers must restrain themselves until it becomes absolutely clear that there are those within the crown conspiring to breach the peace. Essentially, officers would have to specify the exact actions that were committed that "indicated that a breach of the peace was the purpose of the assembly" (Unlawful Assembly Dispersal Order).

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A good policy that may augment police efforts if the protests have to be disrupted would be video documentation. If the acts that are in question are caught on tape, it will be much easier to show enough evidence to defend police actions against any potential legal lawsuits. As such, it would be recommended to have officers and officials equipped with cameras around the protest area and are consulted before any actions were taken to disrupt the protest.

It is crucial to choose policy wisely in these situations. There are major benefits to choosing policies that focus on safety first, but still allow protestors to feel that they are exercises their rights under the First Amendment. This would result in less legal issues later if potential lawsuits were to be filed in situations where protesters were sequestered too much from the convention or if they felt their rights to peacefully assemble were denied. Safety is the highest priority, the safety of the attendees, but also of the protesters themselves. Thus, policies that work with the public the most to show how devoted to safety officials are will have the highest rewards......

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