Out of Our Element

When does a protest become a riot?

The year 2020 (for which January 2021 served as a continuation) sure was the year for riots and protests. Many of these peaceful events have been labeled as destructive. So, when does a protest become a riot, exactly?


According to omaralawgroup.com, “A protest may turn into a riot when it involves the destruction of property, the use of weapons, or when it results in people becoming injured or killed.” Once that begins, individuals participating are no longer protected under the First Amendment.


Many of the protests last summer do not meet the requirements to be a riot, despite how some label them. The protests last summer took place after the deaths of George Floyd and Breonna Taylor--both killed by police officers. Even though many of the events were labeled as riots, most of the protests were peaceful. An example of of a riot would be the violent storming of the U.S. Capitol on Wednesday, January 6. People took to the streets, broke through police barricades, and broke into the Capitol Building.

New Jersey governor Phil Murphy protests to end police brutality in Hillside, NJ, on June 7, 2020. Photo from whyy.org
Protesters storm the Capitol in an attempted coup on Wednesday, Jan. 6. Photo from nbcnews.cm