The Bill of Rights recognizes the right to free speech, which means that the government cannot arrest or detain someone simply because of something they said.
Freedom of assembly means that people with a mutual interest can gather without fear of legal action taken by the government.
Now let's talk about Charlottesville. Full disclaimer: I wasn't there. Most of the people commenting weren't.
BUT
Based on eyewitness testimony and the photographs that have become available, there were a LOT of TIKI torches. The manufacturer has already released a statement that they don't support the use of their product to foment racism.
Even more than that, I looked at the Product Safe Use guidelines published on the TIKI website because maybe I'm just paranoid, but it really didn't seem safe to me to be using TIKI torches this way. Turns out that I'm not paranoid.
For the bamboo torch, which appears to dominate the picture, here are some relevant instructions:
Use only in well-ventilated area.
Do not use in windy conditions.
Do not tip torch as fuel can spill and cause serious injury.
Insert torch pole into ground minimum of 6” until secured.
Do not place torch under covered shelter or umbrellas, near pedestrian traffic or combustibles such as wood structures, fuel, clothing or dry vegetation.
I am unfamiliar with Virginia fire code, so I can't say if the use of this many TIKI torches in this manner was illegal, although it seems like a possibility.Some eyewitness accounts do state that it was difficult to breathe because of all of the smoke, which makes sense, since on another set of instructions, it recommends placing torches 6 to 8 feet apart, parameters which clearly weren't met during the march.
Let's stop pretending this was just a hypothetical idea or just free speech or just the right to assembly. This rally included a real threat to public safety, at a minimum in the form of a fire hazard.
Many people in attendance also had pepper spray, which in some cases is subject to governmental regulation, and firearms, which are subject to governmental oversight as well (the second amendment is a separate issue that I've addressed elsewhere on this blog).
Free speech and freedom of assembly don't cancel out fire code, public safety, or laws regarding fire code.
And more to the point, if the ideas are purely hypothetical, if it's just a belief system and a rally to honor history, why were torches necessary? Why bring firearms? Why carry pepper spray?
I cannot pretend this is normal.
I cannot say that I defend the rights of fellow US residents to behave in such a way.
I condemn White supremacy and the attempts of this group of White people to intimidate and threaten People of Color and those from Jewish and Muslim backgrounds.
This is a call to my White readers to join me in exercising our own free speech and denouncing the beliefs and actions of White supremacists.