Peaceful and lawful assembly

Every group in the United States has the right of peaceful assembly. In some states, Tennessee for one, it is illegal for pedestrians to be on the interstate. Protesters on I-40 in Memphis violated state law by being on I-40. (Oh, the law is in Tennessee Code Annotated 55-8--127*.)  It's not about the protest, but about the law.  Like free speech, the right to assemble is not absolute. The government can place some restrictions on when, where and/or how it is conducted. Black Lives Matter had the right to protest, just not on I-40.

The sign below is typical at on ramps to Tennessee interstates.

                                       






TCA 55-8-127.  Restrictions on use of controlled-access roadway.   (a) The department of transportation and local authorities may, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of that roadway by pedestrians, bicycles or other non-motorized traffic or by any person operating a motor-driven cycle. (b) The department or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the controlled-access roadway on which the regulations are applicable, and when the signs are erected, a person who disobeys the restrictions stated on the signs commits a Class C misdemeanor.