Blog 3- BLM and the First Amendment

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     There has been a lot of confusion and tension between the Black Lives Matter movement and the First Amendment. The confusion stems from how certain freedoms get used. The First Amendment allows for multiple freedoms such as freedom of speech and freedom of assembly, both of which BLM is utilizing. A peaceful protest, like what the Black Lives Matter movement intends to do, is protected under the First Amendment. People are allowed to peacefully take the streets and speak their voice in protest. Where the First Amendment stops is within the private sectors. Meaning a business or organization can refuse to support this movement or refuse people to wear anything or say something affiliated with BLM. 

    This was the case for Florida middle school student who was sent home for wearing an "I can't breathe" face mask in support of the BLM movement. Her parents were furious and were not given a reason from the school why her daughter was sent home and in trouble. While the school should have given her parents a reason they technically didn't violate the girls First Amendment rights. The school has their own rules that students must follow while there and if they don't, there are consequences. 

    The First Ammendmnet condones freedom under public sector. Private sectors do not have to follow the First Amendment. While people under a private sector still have rights, a claim that their First Amendemnt rights were violated will not hold up in court. This is a bedrock principle. People believe that democracy means anyone can do anything at anytime. But that is not always the case. There are certain instances such as this Florida school, where First Amendment rights don't protect you.

https://www.news4jax.com/news/local/2020/09/16/bradford-middle-student-told-to-remove-black-lives-matter-mask/

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