Nightly news broadcasts feature protests taking place around the country against lockdowns implemented to stem the flow of the coronavirus. While the federal government has encouraged social distancing, the issues of lockdowns, how they are implemented and how long they will continue require decisions left largely to the states. We can debate the issue of whether governors have overstepped their constitutional authority, and courts are starting to weigh in on this very issue.

Whether these protests voice legitimate arguments in favor of relaxed restrictions is not in question, but rather it is the tone of some of the protests with which we take issue. Images of men and women dressed in camouflage and tactical vests and carrying assault rifles have become commonplace across state capitals in recent weeks, with several tense moments resulting between police officers and protesters. While protests against coronavirus-related lockdowns are not unique to our cities, the size of the demonstrations and the presence of armed protesters make them more visible, newsworthy and disturbing. What also stand out are the kinds of placards some of the demonstrators carry. Despite the visceral reaction we likely share, these placards—and the legally authorized firearms some protestors carry, as disturbing as this may be—do not, in and of themselves, subject the demonstrators to criminal prosecution, though in some instances that can be a hard pill to swallow.