When Does Protesting Become Obstruction?: Is Being A Nuisance A Crime?

18 USC 111 states in part: 

"(a)In General.—Whoever—

(1)forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties;............"

Courts have ruled that force or the legitimate threat of force is a necessary element of this crime.

https://www.justice.gov/archives/jm/criminal-resource-manual-1565-forcible-act-required-18-usc-111-application-statute-threats

Some in the current administration (and previous ones)  have attempted to suggest that any interference with official duties, no matter how minor is a violation. 

https://www.cato.org/blog/dhs-policy-threatening-arresting-ice-observers-violates-their-rights

Examples of some things the government has portrayed as criminal are: following agents, using whistles or horns to announce agent's presence, shouting at agents, calls to require agents to operate unmasked and to identify themselves, recording agent's activity etc. 

Other actions that might be more  reasonably considered obstructing are: Creating an effective roadblock, surrounding agents to block their movement, threats of physical assault, acts of assault and battery etc. 

It is my opinion that in order to be obstruction the action must be something closer to the second list. 

It is my opinion that horn honking, blowing a whistle, shouting, recording, or being an overall nuisance is generally not a crime.

Making the job of government agents more difficult and annoying is not a crime. Those things can be legitimate forms of protest and civil disobedience.

A few examples of when I think the line is generally crossed: When actual force or the threat thereof is used against another. When someone commits assault or battery. When an effective roadblock is created. When agents are physically surrounded and constrained. 

Where do you feel the line is crossed? Is being a nuisance criminal obstruction? 

Side note: 

I respectfully request that in this thread everyone try to discuss the question from a legal/societal/philosophical standpoint. Please try to refrain from partisan politics or "this group says that" or "that group does this" type comments. Please help keep this thread narrow and focused. 

If "being a nuisance" interferes with law enforcement, with a very narrow definition thereof:

Physically preventing or obstructing the arrest or capture of a criminal suspect. That's illegal.

Making it more difficult by yelling, honking horns, flashing lights, popping bubble gum, etc. etc. That's legal.

From a societal standpoint, one is not only entitled but to a certain extent, obligated to interfere with ANY government action that is detrimental to society. That would include the abrogation of the civil rights of others.

From a philosophical standpoint, that obligation is even greater. Being passive and allowing injustices to occur is an abandonment of one's duty as a citizen and a human being. 

Therefore, I feel that the line you mention doesn't even exist except from a legal standpoint. My view is that any assault on the civil rights of others is the same as a physical assault, and I have a moral obligation to stop it. That includes my committing an offense in order to do so. But circling back to the legal POV, the courts have always recognized that to protect the safety of others, we can perform acts that would out of context be considered criminal, such as physically attacking or even killing someone who is threatening that safety.

That of course brings up the question of what we should do if we see someone being arrested in a way that clearly violates their civil rights. The default setting seems to be to witness and if possible, record the incident. That would be of course to refer the issue to the courts of law and of public opinion. If, as is sadly the case now, the courts of law are powerless and the court of public opinion is nothing more than a way for people to suffer "retribution," then we might find ourselves whipping out a gun instead of a cell phone as protestors are dragged away or a brown person is shoved into an unmarked van.

I think we're much, much closer to that point than people believe.

Civil disobedience is usually illegal ...and it's also at the heart of every major peaceful protest movement in our country's history.   John Lewis liked to call it "getting into good trouble"

it's not violent.   But it is illegal.   Usually trespassing, obstructing roads, doors, chaining oneself to a tree.   Stuff like that.

people who engage it subject themselves to arrest.   And that's not controversial.    Shooting someone for engaging in it.    That's something else,   And that's why we're all talking about the story in Minneapolis.

This is where custom comes into play. Many people believe that civil disobedience is not only not a crime, it's a praiseworthy act, at least when performed in support of a righteous cause. I have no way of gauging it, but I strongly suspect, that civil disobedience is looked on more favorably--or less unfavorably, at least--now than it was in, say, the 19th century. Of course, defiance of authority is kind of in our national DNA.

I'd like to make an analogy to illegal immigration. Many people think it shouldn't be treated as a crime, or at least not so severely, because it benefits us (and I don't want to debate right now whether it does or doesn't). Many people think that civil disobedience ultimately strengthens our democracy and our rights.

As shooting someone only suspected of a crime is drastic and inherently unjust, I believe that it's only warranted when members of the public are in imminent danger.

Agree.  And goes back to obeying law enforcement if stopped, arrested, etc.  There will be the opportunity to explain it in court and hope for relief (in the perfect world).  Parking tickets, speeding tickets, citations for whatever are often dismissed in court...depending. 

That doesn't make it pleasant...distress at time of being stopped; embarrassment; having to go to court, time off from job to go to court, and court isn't fun even if not guilty.  We know this.

Under normal, i.e. not an ICE stop, conditions, cops respond in kind to being treated respectfully; the opposite is true if the stopped person rares up and gives the cop a hard time.  Expect to be treated similarly, making things worse for all.

Candy

Law enforcement has the right of way, the upper hand, regardless.  Like your parents did, your teachers did.  Get in their face about something, expect the worst.  We learn this growing up.  

As for horn honking, shouting profanities, road blocking, again, expect the worst.  Take it to court.  Maybe the judge will let you off, but no guarantee.

Back in the day I was told we can be pulled over if a cop (I use the term for brevity...I love cops) doing radar sees a driver blinking his lights to warn oncoming drivers of radar ahead, better slow down, etc.  Was it true?  Probably some cop could/would do it.  Is that in the cop manual?  Would a judge dismiss the charge?  Who can know, until you are the one in court.  But it is reality. 

The cop can do it, so bite your tongue and take care of it in court.  Or be nice.  Maybe enough to let you go right there.

Candy

"If you see some poor man being oppressed by the rich,

     with miscarriage of justice anywhere throughout the land,

     don't be surprised!

For every official is under orders from higher up,

     and the higher officials look up to their superiors.

And so the matter is lost in red tape and bureaucracy.

And over them all is the king.  

      Oh for a king who is devoted to his country!

      Only he can bring order to this chaos."

                                Ecclesiastes 5:8-9

                                     The Living Bible Paraphrased

I think the problems with the protesting is it is all political.  If a union goes on strike against a casino they are allowed to picket and protest people going into those casinos peacefully.  They are not allowed to throw rocks , snowballs or block the parking garages etc.

      What we have been seeing lately is when a republican is in office and trying to enforce policy, leaders of Democrat cities have allowed protests to get out of hand.  They even come out and encourage it and tell the local law enforcement to look the orher way.  These local leaders seem to think this will lead to higher office .  This seems to be the only real issue they care about and if someone is late getting to work because the highway is blocked then that is just the price you have to pay.

Where do you put lasers in this, just another 'flashing' light?  How many lumens is your limit?

Police still try to charge you for this, but it was resolved some years back, it's free speech to signal another driver to be cautious.