The anti-Israel activists were afoot on Saturday in a few places, including in Washington, D.C., near Reagan International Airport.
There was a report that a caravan of several vehicles was purposefully slowing both lanes of traffic heading north on the GW Parkway going toward the airport. The cars were flying Palestinian flags from several vehicles, so there was no question what was going on here, and it was causing a big traffic jam. You can see video here on X.
Then Reagan National Airport posted a warning about the traffic, telling people to take the Metro to the airport. But what they said caused an uproar from people on X and earned them a Community Note.
🔺TRAFFIC ALERT: Expect delays around the airport due to a group in vehicles exercising first amendment rights in roadway. Use caution and expect slow moving vehicles. Recommend @Wmata to access airport.
— Reagan Airport (@Reagan_Airport) January 20, 2024
TRAFFIC ALERT: Expect delays around the airport due to a group in vehicles exercising first amendment rights in roadway. Use caution and expect slow moving vehicles. Recommend @Wmata to access airport.
They quickly earned a Community Note, which noted simply but importantly: "There is no first amendment right to block traffic," noting even the ACLU support for their point. How could an airport not know this? Or is it they just don't care because some intern at the switch thinks saying this is okay? Although I'm betting after Saturday, they know because they got such an avalanche of responses, calling them out for their announcement.
Many chastised the airport for what they said, making that same point.
Looking for the Right to Block Traffic in the 1A.
— john jackson (@pvtjokerus) January 21, 2024
Is that in the Teacher's Edition? https://t.co/swAqSnSAUh
You have a 1st Amendment right to block traffic? If you support Hamas, can you also run red lights?
— Tom Elliott (@tomselliott) January 20, 2024
Former FBI official James Gagliano said that the thought from people that they could get away with this kind of tactic came about because, in some places, the response has been "de-policing" or not stopping the "protesters" (read lawbreakers) when they do things like this.
“ … due to a group in vehicles exercising first amendment rights in roadway.”
— James A. Gagliano (@JamesAGagliano) January 21, 2024
Who wrote this for Reagan Airport? Exists no constitutional right to block traffic. It’s illegal. Isn’t “first amendment protected protest.” But we’ve normalized it and encouraged it by “de-policing.” https://t.co/IKljeGawwZ
Despite the fact there is no such right, we see this constantly now with the anti-Israel protesters as well as with other leftist groups/actions. They don't care who they hurt and hold up in their actions. All they care about is throwing a tantrum to pretend as though they are somehow important and noble.
Ted Frank of the Hamilton Lincoln Law Institute said his public interest law firm had been speaking out against this kind of thing, and people subject to this kind of action might have options.
You do not have a first amendment right to block the roadway. In fact, drivers inconvenienced by such illegal action have a civil cause of action for public nuisance against the people and organizations conspiring to block the roadway. If you were trapped in your car, you have a… https://t.co/H4Evf8F0WP pic.twitter.com/WDBqSZwDA5
— (((tedfrank))) (@tedfrank) January 20, 2024
You do not have a first amendment right to block the roadway. In fact, drivers inconvenienced by such illegal action have a civil cause of action for public nuisance against the people and organizations conspiring to block the roadway. If you were trapped in your car, you have a false imprisonment tort claim, too. You may wish to consult an attorney.
There's no doubt that this kind of thing is going to come up again and have a very serious consequence. We've seen people being assaulted, shot, and ambulances delayed when this tactic has been employed. Unfortunately, the characters behind this don't care about any of those possibilities.
Related:
WATCH: The Moment Father Gets Out of Car, Lets Loose on Anti-Israel Activists Blocking Him From His Daughter
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