Fact check: Experts say Nashville protest differed significantly from the Jan. 6 Capitol attack

The claim: March 30 protest in Tennessee was an 'insurrection' the likes of Jan. 6

A March 30 Facebook post (direct link, archived link) includes a link to a news story with the headline "Gun control activists storm Tennessee State Capitol in Nashville."

"If Jan 6 was an insurrection, then so is Mar 30," reads part of the post's caption. "If Mar 30 is not an insurrection, then neither was Jan 6. The Alt-Left can’t have it both ways; if they want the Jan 6 protesters prosecuted as insurrectionists, then they’d better be ready to apply the same standards to the protesters today."

Similar posts comparing the two events generated hundreds of shares on Facebook.

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Our rating: False

The Nashville protest is not comparable to the Jan. 6, 2021 attack on the U.S. Capitol, according to numerous experts. While the Nashville protesters behaved peacefully and no arrests or injuries occurred, the Jan. 6 attack resulted in injuries to more than 100 police officers, over 1,000 arrests and the destruction of government property.

Intent of action differed

On March 27, a 28-year-old gunned down three children and three adults at a private Christian elementary school in Nashville, Tennessee. The incident prompted over 1,000 peaceful protesters to assemble at Tennessee’s State Capitol building on March 30 in support of gun control laws, The Tennessean reported.

The same day, Cameron Sexton, the Republican speaker of the Tennessee House, claimed on "The Hal Show Podcast" that the actions of three Democrat lawmakers in the protests were equivalent to an insurrection in the Capitol.

But an array of experts said it is ridiculous to call the Nashville protest an insurrection or compare it to the Jan. 6 attack.

“The critical difference is there was no threat to the integrity of a democracy in Tennessee,” said William Banks, a law professor at Syracuse University. “Insurrection conditions occur when civilian authorities are unable to enforce the laws. That was a real threat on Jan. 6. Not so in Nashville.”

Neama Rahmani, a former federal prosecutor, told USA TODAY, "Demonstrating for or against laws is different from rising up against your lawfully elected government.”

Protesters demonstrate during a Rally of Parents and Kids to End Gun Violence at the State Capitol Thursday, March 30, 2023, in Nashville, Tenn.
Protesters demonstrate during a Rally of Parents and Kids to End Gun Violence at the State Capitol Thursday, March 30, 2023, in Nashville, Tenn.

John Pitney, a politics professor at Claremont McKenna College, agreed and highlighted that the Jan. 6 attack involved "violence and death."

"It was an effort to prevent the certification of the duly elected president and replace him with the loser of the election," Pitney said in an email. "There were elements of planning at multiple levels, ranging from officials of the White House to violent people such as the Proud Boys."

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Actions of protesters were dramatically different

The actions of the Nashville protesters had very little in common with the Jan. 6 rioters.

All the Nashville protesters who entered the Tennessee State Capitol building came in legally through security managed by officers from the Tennessee Highway Patrol, according to The Tennessean.

No arrests or injuries took place during the Nashville protest.

On Jan. 6, however, rioters violently forced their way past police, injuring about 140 officers, according to the Department of Justice. Federal prosecutors ultimately arrested over 1,000 Jan. 6 rioters and charged over 900 of those defendants in nearly all 50 states, according to the Department of Justice and a USA TODAY database.

Five people died at the Jan. 6 attack at the Capitol, as USA TODAY reported.

The Nashville protesters chanted phrases such as “Save our Children!” but none of the protesters damaged property, incited violence or stormed the Capitol floor, as CBS News and The Tennessean reported. Representatives had difficulties moving through the building, but they were able to continue with their duties such as debating an education bill.

In addition, protesters willingly left the building when security was ordered to clear the House galleries, The Tennessean reported. 

Fact check: Arrests were made inside Capitol building on Jan. 6, and after

Legislative action was halted when three Democratic lawmakers approached the House floor without being recognized to speak – a breach of chamber rules – and led gun control chants with a bullhorn, according to The Tennessean. But legislative activity resumed shortly after the interruption.

"The protests of the Tennessee Three may have been disruptive, but they were neither violent, nor did they revolt against the authority of the government," Rahmani said.

By contrast, the Jan. 6 rioters shattered the glass of the Capitol building, destroyed an inauguration platform and chemically damaged presidential statues and paintings, as USA TODAY reported.

At a hearing investigating the attack, police officers recounted their experiences on that day. Capitol Police Sgt. Aquilino Gonell told the House panel he engaged in hand-to-hand combat with the rioters, and he likened it to a "medieval" battle. DC Metro Officer Michael Fanone said he was violently assaulted.

“They began to beat me with their fists and what felt like hard metal objects,” Fanone said. "I was electrocuted again and again and again with a taser."

USA TODAY reached out to the social media users and Sexton's office for comment.

PolitiFact also debunked the claim.

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This article originally appeared on USA TODAY: Fact check: Nashville protest wrongly compared to Jan. 6 attack