https://www.wsj.com/articles/stop-calling-jan-6-an-insurrection-capitol-riot-civil-disorder-insurgency-protest-first-amendment-11641417543?mod=opinion_lead_pos6
The events of Jan. 6, 2021, are misunderstood, and the failure to correct the record could be damaging to both America’s future and its justice system. Words have to have meaning, and the continuous mislabeling of the U.S. Capitol breach as an “insurrection” is an example of how a false narrative can gain currency and cause dangerous injustice.
Many crimes undoubtedly took place at the Capitol that day. Demonstrators rioted, destroyed government property and in some instances engaged in acts of violence. Many are charged with violating 18 U.S.C. 371, which makes it a crime “to commit any offense against the United States, or to defraud the United States,” and with underlying charges of civil disorder, disorderly conduct, entering and remaining in a restricted building or grounds, destruction of government property, and obstruction of an official proceeding.
These are important criminal charges that shouldn’t go unaddressed. But of the hundreds of “Capitol Breach Cases” listed at the Justice Department’s prosecution page, not one defendant is charged with insurrection under 18 U.S.C. 2383. That’s because insurrection is a legal term with specific elements. No prosecutor would dare mislabel negligent homicide or manslaughter a murder, because they are totally distinct crimes. The media has no legal or moral basis to do otherwise.
The events of Jan. 6 also fail to meet the dictionary definition of insurrection, which Merriam-Webster defines as “an act or instance of revolting against civil authority or an established government.” A usage note adds that the term implies “an armed uprising that quickly fails or succeeds.” A closely related term, “insurgency,” is “a condition of revolt against a government that is less than an organized revolution and that is not recognized as a belligerency.”