So what you're suggesting is that the thugs, bullies and those who wish to do harm and create havoc decide to deliberately act up and cause mayhem and we should ignore that the purpose is to deprive people acting peacefully to exercise their First Amendment Rights? What a convenient means of shutting down the push for change.
No, LOL, I didn't suggest that, or anything even remotely like that. smh.
*****
There is one aspect of Constitutional rights that many people do not understand.
Constitutional rights are NOT absolute. They can be, and often are, limited or restricted in various ways.
Your rights and my rights are not special. We have the same rights as everyone else, no matter how special we may think we are. One person's Constitutional rights do not overrule other persons' rights, so to protect everyone governments can, and do, impose
reasonable restrictions on those rights for the public good.
Specific to First Amendment rights, there is a generations-long list of US Supreme Court decisions upholding
reasonable restrictions on both speech and assembly. So to be protected by the First Amendment, demonstrations have to meet two requirements, not one. They have to be peaceful...AND they also have to be
lawful.
So for example, a group of peaceful people want to hold a massive demonstration in downtown Miami for some cause. That demonstration is certain to adversely affect businesses in the area, create traffic congestion and safety issues, and generally disrupt other citizens' rightful access and enjoyment of their homes, businesses, and neighborhoods.
So how do we accommodate the needs of the public (and private property owners) and protect the First Amendment rights of the demonstrators at the same time?
Simple.
Local government issues a permit, allowing the demonstration subject to certain reasonable limitations. Those limitations and restrictions might apply to time, location, route if there is to be movement, safety, medical needs, traffic control and a whole range of other factors.
The demonstrators are free to assemble
as permitted and express their opinions, but they are not allowed to shut down the entire city. The terms of those permits are negotiated with the demonstrating parties, and are agreed to beforehand.
Violating the terms of a permit makes the assembly unlawful -- and in fact, it can be declared an "Unlawful Assembly," it can be broken up, and anyone who does not comply can be arrested. The organizers can also be held financially responsible.
If the permit the organizers agreed to says the demonstrations must conclude by a certain time, it must conclude by that time. If it doesn't, it's
unlawful -- whether it is peaceful or not.
If local laws require a permit for large gatherings and a group holds a large demonstration without a permit, that demonstration is
unlawful -- whether it is peaceful or not.
If a community has a curfew beginning at some appointed time, anyone who violates that curfew is
unlawful -- whether they are peaceful or not.