Insurrection at the United States Capitol

Updated Dec. 2, 2024

The First Amendment to the U.S. Constitution

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Photo Credit: Jon Cherry/Getty Images

Introduction

On January 6th, 2021, a mob of supporters of former President Donald Trump stormed the United States Capitol in an attempt to disrupt the certification of the 2020 presidential election results. Fueled by misinformation and disinformation that the election was rigged, much of which was spread by Trump himself, the rioters breached the Capitol, assaulted police officers, vandalized property, and forced lawmakers and staffers into hiding. One rioter was even shot and killed by police. 

On January 13th, one week before Trump’s term expired, Congress impeached him for incitement of insurrection (his second, after his first impeachment in December 2019 over allegations of abuse of power). Shortly after, the Senate acquitted him. 

In July 2021, the House of Representatives established the January 6th Committee to investigate the events surrounding the attack. In December 2022, the committee’s final report referred Trump to the Justice Department on four criminal charges related to the insurrection, among several other recommendations.

As of November 2024, more than 1,561 have been federally charged in nearly all 50 states and the District of Columbia in connection with the insurrection, amounting to the U.S. Justice Department’s largest criminal investigation in history. However, some maintain the protesters were exercising their First Amendment rights to protest, attempting to equate criminal prosecution with suppression of Free Speech. 

During the 2024 campaign and on social media, Trump stated he would pardon hundreds of rioters if elected. Following his November 2024 victory over Vice President Kamala Harris, legal scholars continue to debate the far-reaching implications of his potential use of such pardoning power if he will keep true to his word.

Prelude to Violence

The Capitol Is Breached, Challenging the Constitutional Order

Key Incidents from the Tracker

Photo Credit: Jose Luis Magana/Associated Press

Targeting of the Press

Photo Credit: Andrew Caballero-Reynolds/AFP via Getty Images
Photo Credit: (Saul Loeb/AFP/Getty Images

The Role of Free Speech on the Day of Insurrection

The Role of Free Speech on Social Media

The Hearings

Point / Counterpoint

Further Reading

Discussion Questions

  1. Should private social media companies have the ability to censor and “deplatform” public figures who use their accounts to communicate with the public? Do these companies have more grounds to censor if these figures actively disinform the public?
  2. Should riot participants who did not break the law (enter the Capitol, use violence, trespass, etc.) be penalized or ostracized by their employers, communities, etc.? Why or why not?
  3. Was the government responsible for inciting the insurrection? Why or why not? 
  4. Do you think the Capitol rioters were aware that they were effectively attempting to suppress their fellow Americans’ right to vote? 
  5. Why did the mob harbor such animosity towards the media, threatening and hurting journalists? To what extent did this mistrust of the media precipitate both the riot and Trump’s denial of the 2020 election results? 
  6. To what extent should media companies, social media platforms, and online communications services be held legally responsible for the speech posted/disseminated on their platforms? Should they limit the spread of far-right speech? Anti-governmental speech? Speech directly threatening violence? Anything else?
  7. To what extent are Free Speech and the stability of governmental/political institutions dependent upon one another? How are they harmful and/or beneficial to one another?

Additional Sources

Activity

Click on these themes below: National Security + Protest Politics  + Legal Action

Discuss: What does this confluence of stories with these filters tell us about free speech issues surrounding electoral rights and democracy? Free speech and the ability to protest?

Tracker Entries

Themes

Categories