In the context of last summer’s George Floyd protests and decades of police brutality against peaceful protesters, there was something recognizably different about the Trump insurrection to even casual observers. Where were the rows upon rows of police in military gear? Where were the barricades? The armored cars and helicopters?

This contrast is rightfully underscored when we look at the racial messages and prevalent racial demographics of January 6th and the George Floyd protests. “If those people were Black, they would have been shot halfway up the steps,” people took to social media to exclaim. “How are these white people - these terrorists - just walking out of the building like nothing happened?” they asked.

The Article 20 Network has been reflecting on what we know about the events of January 6th as compared to the George Floyd protests through the lens of the freedom of peaceful assembly. While more information comes to light every day and much is still unknown, we are sharing some of our conclusions, most of which will come as no surprise to regular observers of First Amendment rights.