Sign Up Account Profile Log Out

Newsletters Morning Report 12:30 Report Evening Report Business Defense Health Care Technology Newsletter Energy & Environment Whole Hog Politics The Gavel The Movement

Technology Newsletter

NEWS Senate House Administration Courts Future America Media Campaign News Education In The Know Latino LGBTQ DC News Race & Politics State Watch Print Edition People in the News

POLICY Defense Health Care Energy & Environment Technology Transportation International Cybersecurity National Security Space Sustainability

BUSINESS Budget Taxes Personal Finance Lobbying

OPINION Columnists Congress Blog All Contributors Opinions – Campaign Opinions – Civil Rights Opinions – Criminal Justice Opinions – Cybersecurity Opinions – Education Opinions – Energy and Environment Opinions – Finance Opinions – Healthcare Opinions – Immigration Opinions – International Opinions – Judiciary Opinions – National Security Opinions – Technology Opinions – White House Submit Opinion Content

All Contributors Opinions – Campaign Opinions – Civil Rights Opinions – Criminal Justice Opinions – Cybersecurity Opinions – Education Opinions – Energy and Environment Opinions – Finance Opinions – Healthcare Opinions – Immigration Opinions – International Opinions – Judiciary Opinions – National Security Opinions – Technology Opinions – White House

Opinions – Civil Rights

Opinions – Criminal Justice

Opinions – Cybersecurity

Opinions – Energy and Environment

Opinions – Healthcare

Opinions – Immigration

Opinions – International

Opinions – National Security

Opinions – Technology

Opinions – White House

Submit Opinion Content

EVENTS Upcoming Events About

Sign Up Account Profile Log Out

Content from Google Cloud

Opinion Minneapolis chaos reveals a malevolent confusion over the First Amendment Opinions - White House | 2 minutes ago

Gillibrand wants $130B tariff refund for Americans Business | 16 minutes ago

Opinion Blue state public health cuts don’t ‘own the libs’ — they endanger us all Opinions - Healthcare | 32 minutes ago

4 killed in speedboat were trying to infiltrate Cuba, officials say International | 34 minutes ago

Trump admin weighs requiring banks to collect citizenship info: Reports Business | 52 minutes ago

‘Home Improvement’ star Zachery Ty Bryan sentenced to 16 months in jail In The Know | 1 hour ago

Opinion Relocation threats shouldn’t stop California from taxing billionaires Opinions - Finance | 1 hour ago

US women’s hockey team captain: Trump joke ‘distasteful’ Administration | 1 hour ago

Minneapolis chaos reveals a malevolent confusion over the First Amendment

The lengthy drama that has played out in Minneapolis in recent weeks has exposed yet again that too many Americans misunderstand what constitutes free expression.

The First Amendment was designed by the framers to give citizens the rights to express themselves politically, religiously and culturally. Those protections allow people to express their thoughts and ideas. But that’s all the Constitution guarantees. 

Somewhere along the way, provocateurs bastardized the concept of free expression. They have confused unlawful incitement as “messaging” and falsely portrayed actual behavior as “free speech.” Apologists consciously obfuscate action and expression, lumping all approaches of dissent into the same category.

A close reading of the First Amendment should remind Americans of the wording “peaceably to assemble.”

Even a former anchor at a high-profile news channel has intentionally mischaracterized what the First Amendment means. Don Lemon intruded on private property and disrupted other citizens’ exercise of their rights, then tried to snooker the public with the claim that doing “journalism” allows such an invasion. Lemon’s stunt led to his arrest in Los Angeles by federal officials. Immediately, Mayor Karen Bass perpetuated the same inaccurate portrayal of Lemon’s actions, proclaiming Lemon was “just doing his job.”

Polarization happens when some citizens interpret free expression protections to include hostile action and incitement of unlawful behavior. Debate on issues ceases when mob behavior can be considered “expression” in a broad and unhealthy categorization. The forces of chaos thrive on these expansive interpretations of “expression” that justify dangerous behavior. 

Delineating what is constitutionally protected expression from uncivil conduct really isn’t that difficult to figure out, if the various parties want to promote reasoned discourse instead of chaotic behavior. Assembling, demonstrating, holding signs and chanting slogans are all just fine, if done on public property or your own property. All of those things are expressions.

Blocking roads, vandalism, spitting, inciting violence, trespassing and organized interference with law enforcement officers are not OK. All of those things are actions — not expression or dissent. This should be simple enough to understand. 

There is no First Amendment “right” to try to nullify enforcement of federal law. President Dwight Eisenhower made that clear to the governor of Arkansas in 1957, when the 101st Airborne was ordered to Little Rock to desegregate a school.

But to the manipulators of mayhem and their overwrought true-believer followers, the false claim that action is the same as dissent serves a disruptive objective. Constitutional framer James Madison warned his countrymen about the dangers of mobs. He wrote in the Federalist Papers that mobs were “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” In 1838, a 28-year-old Abraham Lincoln addressed a lyceum in Springfield, Ill., telling his fellow citizens, “There is no grievance that is a fit object of redress by mob law.”

Sensible Americans engage in productive dissent and free speech. Mobs promote civil disintegration and rage, and ultimately lead to anarchy. As British philosopher Edmund Burke wrote two centuries ago, “Rage and frenzy will pull down more in half an hour than prudence, deliberation and foresight can build in a hundred years.”

It is unhelpful when government officials who should know better engage in the rhetoric of hysteria, demonizing political opponents and mischaracterizing disruptive behaviors as patriotic or somehow promoting justice. Minneapolis Mayor Jacob Frey broadly accused federal law enforcement of trying “to silence dissent.” Perhaps some innocent citizens have been silenced, but it is not silencing dissent to clear barricaded streets, stop vandalism or restrain people who are throwing projectiles. Rather, those are examples of addressing criminal behavior.

The role of television news outlets in covering or even fueling disruptions is also worth noting. Much of the havoc carried out on the streets was designed particularly for the television cameras and news organizations playing along as publicists, dispensing emotion but providing too little context.

Certainly, there is much blame to go around for the sad trajectory of events in Minneapolis. But it is safe to say that First Amendment ignorance has been a key part of this sad and, indeed, tragic episode. 

These intentional mischaracterizations of free expression, dispensed into the tense climate, did nothing to promote justice or patriotic dissent. Rather, the manipulation led to bedlam and a weakening of the rhetorical sphere in which such disputes should be resolved.  

Jeffrey M. McCall is a media critic and professor of communication at DePauw University. He has worked as a radio news director, a newspaper reporter and as a political media consultant.   

Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

More Opinions - White House News

Omar says her State of the Union guest was arrested for standing during ...

Crockett up by double digits in Texas Senate Democratic primary poll

Vance, Oz announce pause in Medicaid funds to Minnesota amid fraud probe

Trump adds pressure on Thune to pass voting bill despite ‘talking ...

Wall Street Journal: ‘Smart play’ would have been for Trump to forgo, pause ...

Whitmer says US-Canada bridge Trump threatened to block ‘will open’

4 killed in speedboat were trying to infiltrate Cuba, officials say

US women’s hockey team captain: Trump joke ‘distasteful’

Pennsylvania Democrats win state House special elections, keeping majority ...

House appears on track to defeat resolution curbing Trump’s war powers in Iran

Fetterman on Democrats ‘yelling and screaming’ during Trump ...

Durbin whistleblowers accuse Patel of jet usage, decisionmaking that hindered ...

Cornyn: Democrat winning Senate race in Texas would be ‘first crack in the ...

‘El Mencho’ killing signals volatile new chapter in Mexico’s drug war

Senate Democrats emerge from secret Iran briefing warning of ...

Bessent on new Trump retirement plan: ‘We can do it through reconciliation’

Gorsuch takes aim at fellow Supreme Court justices in tariff decision

Former Air Force pilot who provided ‘defense services’ to Chinese ...

The Hill Podcasts – Morning Report

2024 Election Results

2024 Election Forecast

Regulation - Administration

Energy & Environment Video Clips

Health Care Video Clips

Technology Video Clips

Transportation Video Clips

International Video Clips

Cybersecurity Video Clips

National Security Video Clips

Contributors to The Hill

Submit Opinion Content

PRIVACY POLICY 09/30/2025

Advertise with Nexstar

Journalistic Integrity

THE HILL 400 N CAPITOL STREET NW, SUITE 650 WASHINGTON DC 20002

© 1998 - 2026 Nexstar Media Inc. | All Rights Reserved.

Provided by Nexstar Media Group, Inc.

Sign in to create a free account. No password needed.

By clicking on any of the sign up options below, you confirm that you have read and agree to our Terms of Use, which includes a jury trial waiver and class action waiver, and that you have read our Privacy Policy detailing our collection, use and sharing of your personal information.

By clicking on any of the sign up options below, you confirm that you have read and agree to our Terms of Use, which includes a jury trial waiver and class action waiver, and that you have read our Privacy Policy detailing our collection, use and sharing of your personal information.

The Hill is provided by Nexstar Media Group, Inc., and uses the My Nexstar sign-in, which works across our media network.

Learn more at nexstar.tv/privacy-policy.

The Hill is provided by Nexstar Media Group, Inc., and uses the My Nexstar sign-in, which works across our media network.

Nexstar Media Group, Inc. is a leading, diversified media company that produces and distributes engaging local and national news, sports, and entertainment content across its television and digital platforms. The My Nexstar sign-in works across the Nexstar network—including The CW, NewsNation, The Hill, and more. Learn more at nexstar.tv/privacy-policy.

Provided by Nexstar Media Group, Inc.

Check your email inbox

Provided by Nexstar Media Group, Inc.

Thanks for registering!

Provided by Nexstar Media Group, Inc.

Are you sure you want to log out?

© The Hill