The Constitution gives people the right to protest but not loot and riot, like many are doing in cities like Portland and Seattle, legal expert Alan Dershowitz told Newsmax TV.
"People are angry, and radicals are trying to hijack legitimate protests," Dershowitz told Monday's "Greg Kelly Reports." "Looters are trying to use legitimate issues as an excuse for looting, and some district attorneys are refusing to do their job, refusing to prosecute looters and rioters."
Dershowitz continued, "Remember, protests are protected by the First Amendment of the Constitution, but looting, and rioting, and destruction of property is not protected by the First Amendment."
Contra Costa County District Attorney Diana Becton has required prosecuting attorneys to consider the needs of looters before pressing charges against them. Investigators now have to think about whether "this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneously to the declared state of emergency?”
But Dershowitz said prosecutors can abdicate their responsibilities to go after criminals.
"Prosecutors have an obligation to prosecute to make sure that candidates are safe and that speakers are safe and that no attempts are made to try to stop speakers from speaking if you disagree with them, which has happened in a number of places," Dershowitz said.
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