I agree with your general premiss that is the situation should be decided in the favor of the demonstrators, however, since you say “depending on whom it gets decided before” brings forth another problem: this should be a non political slam dunk...freedom of assembly!
Today is a great day to quote from the great document:
“When in the Course of human events, it becomes necessary for one people to dissolve the political bands...”
I agree with what you are saying. It is a fact, however, many on the bench are ideologues.