In early January, pro-Hamas protestors blocked traffic on Seattle’s main artery, Interstate-5, as they called for a “ceasefire.”
In addition to demonstrating rank-and-file ignorance of the fact that the terror group Hamas rejected the ceasefire that Egypt offered, the protestors angered countless innocent people trying to enjoy their Saturday.
According to legal expert Ted Frank, founder of the Hamilton Lincoln Law Institute, people who were stuck in traffic may be able to file a lawsuit for civil damages against the protestors and the organizations who aided and abetted their illegal blocking of traffic.
False confinement, meaning the intentional confinement of someone without justification under the circumstances, is considered an intentional tort. And being stuck in traffic in hours, with no means of escaping, due to the purposeful acts of these individuals, almost certainly qualifies. As such, the protesters may well face consequences for their intentionally impeding actions.
While freedom-loving litigators, Mr. Frank included, have spent years fighting unhelpful and onerous settlements from class actions asserting intentional torts, this is one example where America’s tort system plays an important role holding bad actors accountable for their actions.
To be sure, Americans have the right to voice their opinions and engage in peaceful protests. But disrupting traffic and forcing countless innocent individuals to remain in their cars for hours falls outside the definition of speech and enters the realm of trapping.
The outpouring of antisemitism seen in America, and much of the West, does not need to become part of our daily lives, especially when it threatens our safety, productivity, health, or employment. Perhaps America’s tort system is one such way emboldened antisemites can face consequences for their harmful and reprehensible actions.
This article first appear on the Independent Women's Forum website.
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