viewing After the film, Chicago 10, I feel that inciting a riot and the right to assemble
are both legal fictions.
Under federal law, a riot is a public disturbance involving an act of violence by one or
more persons assembled in a group of at least three people. Inciting a riot applies to a person
who organizes, encourages, or participates in a riot. It can apply to one who urges or instigates
others to riot. According to 18 USCS 2102 "to incite a riot", or "to organize, promote,
encourage, participate in, or carry on a riot", includes, but is not limited to, urging or instigating
other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of
ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or
assertion of the rightness of, or the right to commit, any such act or acts.
The right to assemble is the individual right to come together and collectively express,
promote, pursue and defend common interests. The right is recognized as a human right, a
political freedom and a civil liberty.
I believe that the charge inciting a riot is a legal fiction due simply because of the
police's role and behavior during the Yippies' peaceful gathering and expression of the right to
assemble. While viewing the footage from the 1968 Democratic Convention, I observed
peaceful gatherings of the Yippies, who had the intent of protesting their ideals to their leaders.
The behavior of the police was immediately hostile, instantly aggressive. Violent riots do occur,
but in situations like that of Abbie Hoffman and his cohorts, the police incited the riot by their
mere stature and hostility (not to mention their violence). The mind state of these protesters was
that they that believed they had the right to access their government officials and have a say in
matters of war, especially with the draft and the mass casualties that were experienced in
Vietnam. These portrayed protesters were unable to travel freely throughout town to protest and
get their opinions to their leaders. Being cordoned off and harassed by armed men and denied
your right to assemble will certainly cause anyone to want to push back. We indeed witness
constitutive legal fiction in action through this film. In short, I feel strongly that in 1968 the
police themselves incited the riot, making it a legal fiction. Thus, the right to assemble is
also a legal fiction because it is controlled by the state through its police power and can be
snuffed at any point.
The same can be argued in some situations here on campus sometimes. The police at
UMASS tend to arrive on the scene of a peaceful gathering in full battle rattle anti-riot uniform
with guns drawn, on dauntingly large horses, wielding an array of handheld weapons. Through
scripting and knowledge of past police abuse, as citizens we know the consequences and in most
situations disperse almost immediately.
Today we hear musical artifacts of the 60's that can still be appreciated. Songs by Jimi
Hendrix, Janis Joplin, the Beatles, Bob Dylan, and Phil Ochs ring with ideas of peace, anti-war
and resistance to police abuse. These can all be connected to the same ideas of the Yippies. The
events that occurred in this film must be admired as these people were citizens who interpreted
our founding fathers' words literally in the sense that the people have a say in the business
conducted by our great nation.
LEGAL FICTIONS
CHICAGO 10
PROFESSOR GAITENBY
APRIL 19th, 2012
RYAN MICHAEL LAWSON