Make blocking traffic a federal crime

Across the country Monday, thousands of United States citizens were detained against their will by criminal protesters. 

In Seattle and Chicago, travelers were blocked from entering the airport. In New York City, the Brooklyn Bridge was shut down. In Philadelphia, all of Center City came to a standstill. In San Francisco, commuters on the Golden Gate Bridge were trapped in their cars for five hours, while across the bay in Oakland traffic in both directions on I-880 was blocked for six.

None of these protests were legal. While all citizens have a First Amendment right to express their opinions, they do not have any right whatsoever to impede the free movement of others. The Supreme Court has always held that the government may impose content-neutral restrictions on the time, place, and manner of free expression as long as the government can also show there is a substantial government interest in the imposed restrictions.

Ensuring the safe use of roads and bridges is absolutely a substantial government interest. Which is why at every illegal protest mentioned above, dozens of protesters were arrested. Blocking traffic is already a crime in most local jurisdictions.

Unfortunately it does not appear many of these jurisdictions are taking their duty to protect other people’s right to travel seriously. Except for those protesters who were found with weapons, almost all of the protesters arrested Monday were charged with misdemeanors and released from jail on the same day. Considering how many of these jurisdictions also have far-left district attorneys who are inclined to sympathize with the protesters’ politics, most of these criminals will not be prosecuted. That is why this is not the first time we have seen roads around the nation shut down by far-left protesters. They know they will not be punished for their crimes.

State and local governments are mostly free to maintain law and order as they see fit. But that changes when federal money is used to build and maintain highways, or involves critical interstate transportation infrastructure such as airports and bridges. Congress has every right to identify when localities are failing to maintain safe and free passage through federally funded infrastructure and then step in and restore order.

Congress should make the obstruction of traffic on all federally funded roads, and all roads necessary for the use of interstate travel (such as roads to and from an airport), a federal felony. Then if George Soros-funded district attorneys in Oakland or Manhattan refuse to do what is necessary to keep the roads open, federal law enforcement and the Department of Justice can assert jurisdiction to properly keep the peace.

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Ideally, local governments would have the political will to shut down illegal street protests before they impede the rights of other citizens to travel as they please. This can and did happen in Miami, where protesters attempting to shut down the Port of Miami were met by city police on horseback and in riot gear, backed up by state troopers in armored vehicles. The protesters were quickly and effectively arrested before traffic could be disrupted. 

The difference between chaos and order is a choice. Congress should choose order. Congress should make blocking traffic a felony nationwide.