Tuesday, November 15, 2011

Occupy Wall Street: Eviction and Temporary Restraining Order

Early this morning, police officers "evicted" the protesters from the original "Occupy Wall Street" site at Zuccotti Park in New York City.  (A good round-up of the early news reports is here).

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The Mayor of New York, Michael Bloomberg, issued a statement including his interpretation of the First Amendment issues:

No right is absolute and with every right comes responsibilities. The First Amendment gives every New Yorker the right to speak out – but it does not give anyone the right to sleep in a park or otherwise take it over to the exclusion of others – nor does it permit anyone in our society to live outside the law. There is no ambiguity in the law here – the First Amendment protects speech – it does not protect the use of tents and sleeping bags to take over a public space.

The National Lawyers Guild has already obtained a Temporary Restraining Order prohibiting the city from evicting protesters from the park and enforcing rules prohibiting tents and other property.

There will be a hearing in New York state court at 11.30 a.m.

UPDATE

RR

http://lawprofessors.typepad.com/conlaw/2011/11/occupy-wall-street-eviction-and-temporary-restraining-order.html

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Comments

They came like thieves in the night...Bloomberg's Blue Shirts. They robbed us of our rights, and our possessions...while preventing reporters from reporting on the scene. No free press...no free speech. Welcome to NYC. Bloomberg, the self-proclaimed number one defender of free speech (pause for gagging), said in no uncertain terms: "yes, you have the right.....the right to remain silent. So just shut up, and obey". But this is only the beginning dear Mayor .0001%., not the end. This WILL be your legacy- of repression. But you will NOT succeed. These mayors, governors, city councils, police chiefs, and street cops of America need to realize that it is NOT UP TO THEM whether or not Americans peaceably gather, protest, discuss, or demonstrate. It's up to a document called the US CONSTITUTION. You can beat us and arrest us and tear-gas us, you can try to "permit" us to death....but you can't kill an idea. You can't keep down a people’s hopes and dreams for a better life....for us, and for our kids. America USED to work. The people had work. The system worked (sort of). Hey, EVEN the Congress used to work (sometimes). God knows, it was far, far, far from perfect -but at least we all had some share in the struggles AND the rewards. But somewhere along the way, we lost our way. Because now we have an economy and a political system that seems to work only for the rich. With OWS America has found it’s voice, and that voice demands fairness and justice - for ALL. This land IS our land! AND WE WANT IT BACK! We want our LIVES back! We want our FUTURE back! But it’s much more than just words.... it’s much more than politics..... it’s your freakin’ LIFE, and how you want to live it, and how you WILL live it. Find a quiet place somewhere, and consider this: Each of us has only one brief life....one chance....one roll of the dice....and many choices. The time has come to choose....to risk...and to act. If not now...then when? If not you, then....who? You DO have the power my friend....and the choice IS yours. Don’t let your dreams die....

Posted by: stan chaz | Nov 15, 2011 11:13:57 AM

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