First Amendment what?

The First Amendment to the United States Constitution states:

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 the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

However, the Department of Defense has been tagging peaceful anti-war protests as "potential terrorist activity" in the military database. Technically they haven't violated the First Amendment but they are infringing on the right to peaceably assemble, and would be in violation should they choose to take military or police action against such peaceful demonstrations.

http://www.commondreams.org/headlines06/1013-01.htm

beauty?