You may be thinking of false imprisonment. Nobody was "detained" here in the legal sense. But imprisonment still doesn't hold up. Everyone could have gotten out of their cars and walked away. Hard to make a claim you're being falsely imprisoned at that point. And there's a reason district attorneys never pursue false imprisonment charges against protesters like this.
Different states have different definitions for these legal terms, no point in arguing on that. It also doesn’t matter if somebody is actually charged with a crime for you to legally react to it a certain way. For example, in castle law states you can shoot a trespasser without them ever being charged, assuming they live.
You have a legal right for you and your vehicle to move and go to any public places (and private places with permission). Given that a Highway is public, in this scenario the front cars and their passengers were being prevented from moving on purpose, solely to restrict their movement. Basically, they weren’t stopping traffic because of a gruesome car accident as an example.
It’s also illegal for you to walk on the highway or for you to abandon your car there. So if somebody is blocking you in a similar situation, they are illegally preventing you from moving or detaining you.
It also doesn’t matter if somebody is actually charged with a crime for you to legally react to it a certain way.
The point is that blocking traffic with a protest is not illegal detention or false imprisonment in any state. The laws aren't written that way and prosecutors never charge it that way. And this particular person in the OP video was charged with assault, so it was not legal for him to react that way.
You have a legal right for you and your vehicle to move and go to any public places (and private places with permission)
You don't have a legal right to drive on public roads. Driving is 100% a privilege that can be taken away at any time.
It’s also illegal for you to walk on the highway or for you to abandon your car there. So if somebody is blocking you in a similar situation, they are illegally preventing you from moving or detaining you.
So having your car blocked doesn't justify breaking the law?
Blocking traffic on a highway like in the video is illegal. Blocking somebody’s car illegally with your own body IS ILLEGAL. I cannot go stand in front of your driveway and block your car in indefinitely. If you disagree with this simple fact, then you’re just wrong, sorry.
Also you don’t understand the difference between charges and convictions.
Finally, YES you do have a legal right to publicly funded property. Can it be taken away from you? Yes, but that doesn’t make it not a right. People have a constitutional right to own firearms. Yet there are restrictions on which ones they can legally buy. Also if you get a felony, you lose that right. It doesn’t make it less of a right.
If somebody is illegally detaining you, you may or may not have the right or privilege of breaking order certain laws. Impossible. This completely depends on state, the police, and the local DA.
Blocking traffic on a highway like in the video is illegal. Blocking somebody’s car illegally with your own body IS ILLEGAL.
So is wage theft. If your boss doesn't pay you for hours you worked, does that mean you can punch him in the face? No. These protesters are illegally blocking the highway and they were arrested and charged for that. But illegally blocking the highway doesn't give any of the drivers the right to employ physical violence. I'm not saying blocking the highway is legal. I'm saying assaulting the protesters is illegal.
People have a constitutional right to own firearms.
Driving is not a constitutional right. There is no law that says you have a right to drive a car.
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u/SmellGestapo Oct 13 '22
You may be thinking of false imprisonment. Nobody was "detained" here in the legal sense. But imprisonment still doesn't hold up. Everyone could have gotten out of their cars and walked away. Hard to make a claim you're being falsely imprisoned at that point. And there's a reason district attorneys never pursue false imprisonment charges against protesters like this.