It's equally insulting to posit the straw-men arguments like this. The degree to which BLM protests do any good is debatable. The degree to which they need to be public displays, mid-pandemic is also debatable, unless you are worried that the US is going to run out of seething hate and police brutality incidents by the time the pandemic is over.

The right to peaceful assembly is not conditional on legitimate purpose; same as the right to free expression.

Free speech means freedom to shitpost, not just write literature.

Correspondingly, freedom of assembly is for stupid and pointless things like church, moderately important things like gym, and not just critically important things like insurrection.

The proliferation of “illegal” gyms suggests that many people feel similarly.

>The right to peaceful assembly is not conditional on legitimate purpose; same as the right to free expression.

Yes it absolutely is. I have no idea why you think otherwise. The right to "free expression" is conditional as well. We prohibit certain "peaceful assembly" and "free expression" every single day and have done so for centuries. The classical example: you do not have the "right to free expression" to go into a crowded place and falsely yell "fire", because that would be a public danger. Similarly, going to a gym during a pandemic causes a public danger. "Right to peaceful assembly" doesn't apply.

"Peaceful assembly to work out" is in no way similar to "peaceful assembly for protesting". It's ridiculous of you to claim otherwise. It's so ridiculous that I can only believe you're trolling or trying to make an argument in bad faith.

I am sincere.