Where should the government err when rules of law and civil disobedience collide?

The government should err on the side of the person making the disobedient action. This is because any act to stop the person from acting in such a way, as long as the action is not causing harm to another person or their property, could lead to a chilling effect on future disobedient acts, which could run counter to the idea of freedom of assembly and the ability to petition for the redress of grievances outlined in the first amendment.