Simone Lawson
The Ku Klux Klan (KKK) is a white supremacist hate group that has a long history in the United States. The KKK has been involved in numerous acts of violence and terrorism, targeting African Americans, Jews, immigrants, and other minorities. While the KKK's activities have been condemned and prosecuted under various laws, including the Enforcement Acts of 1870 and 1871, there have also been Supreme Court rulings that have affirmed the First Amendment speech rights of KKK members. This has led to debates and discussions about the extent to which the Constitution protects the KKK's right to free speech and assembly.
| Characteristics | Values |
|---|---|
| The Ku Klux Klan's right to free speech | Protected by the First Amendment |
| The Ku Klux Klan's right to march | Protected by the First Amendment |
| The Ku Klux Klan's right to assemble | Protected by the First Amendment |
| The Ku Klux Klan's right to exist as a patriotic fraternal society | Protected by the First Amendment |
| The Ku Klux Klan's right to commit terrorist activity | Not protected by the First Amendment |
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What You'll Learn
The First Amendment and the KKK
The Ku Klux Klan (KKK) has a long history of testing the limits of the First Amendment in the United States. The KKK has often sought to exploit free speech protections to promote its racist and violent agenda. While the First Amendment guarantees freedom of speech, it does not provide absolute protection for all forms of expression. The Supreme Court has ruled that speech that incites violence or poses a clear and present danger is not protected by the First Amendment. This has been applied to some of the activities of the KKK, with some Supreme Court decisions allowing for the prosecution of the KKK for terrorist activity.
In 1882, the Supreme Court case United States v. Harris dealt a blow to efforts to hold the KKK accountable for their actions. The Court declared a section of the KKK Act, which was passed to end violence against African Americans and protect their civil rights, inapplicable to the acts of private persons and thus unconstitutional. This ruling undermined the ability to prosecute KKK members for their actions.
Despite this setback, Congress and law enforcement agencies have continued to take action against the KKK. In the 1900s, U.S. Marshals and other law enforcement agencies worked to enforce civil rights laws and maintain order during KKK marches and rallies. The Marshals' Service gained much visibility through their participation in these actions. Additionally, in response to KKK violence against black citizens exercising their legal rights, Congress passed a series of Enforcement Acts in 1870 and 1871 (also known as the Force Acts) to empower the president to use military force to protect African Americans.
The KKK has continued to test the limits of the First Amendment in recent years. In 2017, KKK members travelled to Virginia to put the First Amendment to the test, prompting discussions on how to defend the Constitution when the KKK comes to town. While the KKK may attempt to exploit free speech protections, the Supreme Court has made clear that speech inciting violence or posing a clear and present danger is not protected.
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Supreme Court decisions on the KKK
The US Constitution does protect the Ku Klux Klan (KKK) in some ways, but not in others. The First Amendment protects the KKK's right to free speech, but only if their speech does not incite violence. The Supreme Court has also ruled that the KKK can be prosecuted for terrorist activity.
In 1882, the Supreme Court case United States v. Harris declared a section of the KKK Act inapplicable to the acts of private persons and thus unconstitutional. This ruling meant that the KKK could not be prosecuted under the KKK Act for their actions against Black citizens, such as terrorising them for exercising their right to vote, running for public office, and serving on juries.
In response to the violence and intimidation perpetrated by the KKK, Congress passed a series of Enforcement Acts in 1870 and 1871 (also known as the Force Acts) to protect African Americans and empower the president to use military force if necessary. These Acts extended civil and legal protections to former slaves and prohibited states from disenfranchising voters on the basis of race, colour, or previous condition of servitude.
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The KKK Act
The Ku Klux Klan Act, also known as the Enforcement Act of 1871, was designed to empower the federal government to protect the civil and political rights of individuals. The Fourteenth Amendment, ratified in 1868, defined citizenship and guaranteed due process and equal protection of the law to all, including four million formerly enslaved Black men and women. The Act was intended to combat the paramilitary vigilantism of the Ku Klux Klan, making certain acts committed by private persons federal offences, including conspiring to deprive citizens of their rights to hold office, serve on juries, or enjoy the equal protection of the law. The Act also authorised the President to deploy federal troops to counter the Klan and to suspend the writ of habeas corpus to make arrests without charge.
In 1882, in United States v. Harris, the Supreme Court declared a section of the KKK Act inapplicable to the acts of private persons and thus unconstitutional. However, other Supreme Court decisions have affirmed the First Amendment speech rights of KKK members, using a test of whether the speech is such that it incites violence.
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The Enforcement Acts of 1870 and 1871
The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution had previously extended civil and legal protections to former slaves, prohibiting states from disenfranchising voters on the basis of race, colour, or previous condition of servitude. However, forces in some states were working to deny Black citizens their legal rights, and the KKK was one of the most prominent and violent examples of this backlash.
The Supreme Court has also played a role in addressing the KKK's activities. In 1882, in United States v. Harris, the Court declared a section of the KKK Act inapplicable to the acts of private persons and thus unconstitutional. This ruling limited the government's ability to prosecute KKK members, but subsequent Supreme Court decisions have affirmed the First Amendment speech rights of KKK members while also allowing for their prosecution for terrorist activity.
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The KKK's history of terrorising black citizens
The Ku Klux Klan (KKK) has a long and violent history of terrorising Black citizens in the United States. The group was formed in the aftermath of the American Civil War, as a way to resist the newly-won freedoms of former slaves. The KKK targeted Black citizens who attempted to exercise their legal rights, such as voting, running for public office, and serving on juries.
In response to the KKK's activities, Congress passed a series of Enforcement Acts in 1870 and 1871, also known as the Force Acts. These Acts were designed to end the violence perpetrated by the KKK and empowered the president to use military force to protect African Americans. Despite these efforts, the KKK continued to operate and terrorise Black communities.
The KKK has been the subject of several Supreme Court cases, with rulings both for and against the group. In 1882, the Supreme Court declared a section of the KKK Act inapplicable to the acts of private persons, thus limiting the ability to prosecute KKK members. However, other rulings have affirmed the First Amendment speech rights of KKK members, provided their speech does not incite violence.
The KKK has a long history of marching and parading in public, often met with anti-Klan demonstrations. One such march took place in Washington, D.C., in 1990, where KKK members proceeded down Constitution Avenue. Despite efforts to curb their activities, the KKK continues to operate and promote their message of hate and racism. Their actions have had a profound impact on the lives of Black citizens, who have faced intimidation, violence, and denial of their legal rights.
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Frequently asked questions
The Constitution does not protect the KKK. In fact, the Thirteenth, Fourteenth, and Fifteenth Amendments extended civil and legal protections to former slaves and prohibited states from disenfranchising voters on the basis of race. The KKK terrorised black citizens for exercising their right to vote, and Congress passed a series of Enforcement Acts in 1870 and 1871 to end such violence.
While the First Amendment protects the right to free speech, some Supreme Court decisions have allowed the prosecution of the KKK for terrorist activity. The test for whether the speech incites violence is used to determine whether the First Amendment applies.
The KKK Act was passed in 1871 to end violence against African Americans. In 1882, the Supreme Court declared a section of the KKK Act inapplicable to the acts of private persons and thus unconstitutional.
Yes, there have been KKK marches in Washington, D.C., including one on October 28, 1990, where participants proceeded down Constitution Avenue.
