Am I missing something in this philosophical/political science theory of social contract that the big brains of Surly have latched onto in recent months, about how it works? I did a cursory bit of googling, after first having learned of it 20 years ago and never thinking about it again, so I might not be too well versed..but what you are saying above seems to be a different animal.
Protesting is simply raising awareness; a public expression of disagreement and disapproval. Just because people--perhaps a slight, silent majority of Americans or maybe a vocal minority at a football game-- aren't moved to change their hearts and minds about the positions they hold which you are protesting doesn't mean that, "well, okay, we haven't done a good job of selling the belligerents on our position so I guess the only thing they will respond to is fires and looting and mayhem, and maybe we can get our way through destruction", does it?
I mean, if it works then great and maybe it's a "by any means necessary" approach, but that's not non-violent protesting as we know it through the MLK Jr. coaching tree. And sure the same people who scoff at Kap probably are the same people would have probably scoffed at him now, but scoffing or booing or not agreeing with someone's stance and protest doesn't mean that the protest has failed unless we are saying that protests have evolved to mean some outcome-based vehicle and if you don't get you way after protesting then you are a failure.