Also I don't see the connection here to the fourth and especially the Fifth amendments. The fourth prohibits the state from (in general) illegal searches and seizure on behalf of the government without warrant. And the fifth is about due process of law which is the general basis by which I claim that the government must first seek court, approval, before taking action against said protesters.
(side note having not seen the case law or decisions re: 9th and commerce, it interests me, any chance you could steer me in the right direction (case title, etc...) if not no worries I can look it up, I'm just trying to avoid sifting through a potential mountain of 9th amendment case law. This is not a "show proof" request. its a help me look in the right direction request. The assertion that 9th implicitly protects commerce between citizens seems reasonable, in my opinion.)