A video posted to the social media platform TikTok has gone viral after the creators explained that protestors at Delaney Hall in New Jersey are being asked to move to a ‘First Amendment Zone.’ In the video, the creator even says, “which implies the existence of zones where you don’t have the First Amendment.“
Commenters expressed their frustrations in the comments, with many agreeing with the creator. This is the most recent incident in a string of several at Delaney Hall, with one of the most recent being Senator Andy Kim having been injured during a protest.
The video above was posted to TikTok and depicts a woman who appears to be in attendance at Delaney Hall in Newark, New Jersey. She can be seen wearing black clothing as well as a black sports mask tucked below her chin.
After explaining that the zones imply that others don’t follow First Amendment rights, she can be heard saying, “If you only have rights from the state in designated zones that the state defines, you don’t have rights.”
The First Amendment of the U.S. Constitution was introduced in 1791 in the Bill of Rights to prevent the government from restricting certain liberties. These liberties include freedom of religion, speech, the press, peaceful assembly, and the right to petition the government.
Attendance at a protest would fall under Freedom to Assemble, which grants the right to gather peacefully in public for protests, advocacy, or other group activities. According to this video, this is not applicable to those in attendance at the protest.
Reactions to the Special First Amendment Zone at Delany Hall Protest
Various commenters expressed anger in the comments, citing that their constitutional rights are not something that can be restricted. One person wrote, “My Constitutional rights are not limited by boundaries.“
Similarly, another user questions the law itself, writing, “I don’t remember the 1st amendment having any conditions or stipulations on when or where it’s supposed to work 🤔.”
A different commenter who did not cite any sources or qualifications wrote that this can be done in certain situations. The commenter wrote, “From a technical and legal standpoint, this is accurate. It depends entirely on where exactly you guys are. First amendment protections do not exist on private property and are not absolute on federal property. There’s case law on this. Courts classify property into categories that determine the level of protection. Permits, rules, noise restrictions etc can all be enforced depending on the location and this is how it’s always been.“
The video is still gathering more likes and comments from TikTok users across the country, with no signs of slowing down any time soon.
