Despite the US constitution’s guarantee of free speech, free press and peaceable assembly, public officials habitually retaliate against individuals nationwide for their expression. Officials often decide whether or not to punish based on their political preferences, a practice known as selective enforcement. Unfortunately, examples of it are everywhere.

In 2020, using COVID-19 pandemic restrictions, local governments like the City of New York severely limited the assembly rights of anti-lockdown protesters. Meanwhile, these same local governments supported protesters for the Black Lives Matter (BLM) movement and often allowed them to gather without repercussions. Conversely, in 2021, Florida officials cracked down on BLM protesters but did not arrest disruptors who blocked the Palmetto Expressway in protest for a free Cuba.

Free speech scholar John Inazu found that officials use ordinances to target a wide range of advocates. These include “civil rights workers, antiabortion demonstrators, labor organizers, environmental groups, Tea Party activists, Occupy protesters, and antiwar protesters.”

In an era of divisiveness and polarization, we should be especially concerned about the government using neutral laws to target its perceived political opponents.

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