"It is easy to laud the importance of our Constitution when there is no crisis. Constitutional advocacy really matters when our foundational values are in tension with state interest and polarizing effect. While I had to try my damnedest to stay awake during the dormant commerce clause lectures 1L year, I didn't have that problem with the protest modules because it centered on what we could and couldn't take for granted during times of unrest. Given our country's history, that's about 92% of the time."
"And while Supreme Court cases can make for a go-to litmus test of what flies at a given point in our history, most of what is actually happening on the ground never makes it that far. That said, this small case coming out of D.C. could be some history in the making. Axios has coverage: The American Civil Liberties Union filed the suit on behalf of Sam O'Hara against four"
Constitutional protections become crucial when foundational values conflict with state interests, especially during unrest. A protester filmed National Guard troops in Washington, D.C., while playing "The Imperial March" and posted the videos to TikTok. The protester, Sam O'Hara, was detained on Sept. 11 and handcuffed for 15–20 minutes after a guardsman complained and threatened police intervention. The ACLU filed suit alleging First and Fourth Amendment violations, false arrest/imprisonment, and battery against MPD officers and an Ohio National Guard member. The case illustrates how many on-the-ground confrontations never reach the Supreme Court but can prompt significant litigation.
Read at Above the Law
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