Occupy this

[Grim Reaper]

But it doesn't come with immunity from other laws either,

And I didn't argue that either.

[Guinevere]

The extrapolation of "free speech," to include the "right" to occupy a public place indefinitely is utterly specious.

The right to assembly doesn't come with a time limit.

That's not entirely true Grimmy -- reasonable (and even-handedly enforced) time, place, and manner restrictions are allowed in public fora. So if other demonstrations are required to have a permit, or limited to a particular time of day, or required to disband by a certain hour, then the OWS demonstrations can be made to follow those same requirements.

[Sue U]

And conversely, if there is no preexisting time, place and manner restriction applicable to the forum, any governmental curtailment of free speech rights has to be justified by a compelling state interest.

[Guinevere]

Agreed. In Boston the protesters got a TRO preventing the City from removing them, full hearing on a PI today or tomorrow I believe ( and no written decision on the TRO to analyze, just a ruling from the bench).

[Gob]

Agreed. In Boston the protesters got a TRO preventing the City from removing them, full hearing on a PI today or tomorrow I believe ( and no written decision on the TRO to analyze, just a ruling from the bench).

Does this come in layperson speak?

[Sue U]

TRO = temporary restraining order; PI = permanent injunction. These are orders of the court either temporarily or permanently prohibiting some action.

[Gob]

Thanks Sue!

[Guinevere]

Sorry, my bad --- posting from my bed after falling down the front steps this morning taking out my recycling. A little out of it.

Boston was going to removed the OWS protestors, but they went to court and got a temporary order stopping the removal (TRO). Often a TRO is issued on an ex parte basis -- meaning one side comes in and asks for the order immediately, without informing the other side. The court will then consider whether the order should be of a longer duration and whether a preliminary injunction (PI) should be issued. The hearing on that is also on an expedited basis, but usually not immediate (as week or less) and both sides are present and argue the merits.

There are specific standards which must be demonstrated to get these orders, usually a showing of likelihood of success on the merits, and a showing of imminent harm (which usually cannot be rectified with monetary relief). Depending on the parties, the courts may also consider the public interest involved in the request.

[Gob]

Thanks Guin, hope you get well soon!

[Liberty1]

The fun never stops with these jokers.


http://www.ebaumsworld.com/video/watch/82022216/

[Liberty1]

OWS summarized in one sign.

[Scooter]

Of course you reversed the meaning and therefore completely missed the point (hint - it's not a statement of belief, but an accusation, perhaps you might take a guess at whom a OWS protestor might be directing it).

[Lord Jim]

I believe that the local jurisdictions that are finally shutting down these makeshift shanty towns, are in fact doing the the Flea Party a favor....

Rallies and marches are fine, but when you set up a semi-permanent encampment in an urban environment.... where free food is frequently provided, and people can sleep outside, drink, and do drugs without fear of being rousted by the police....

You are naturally going to attract a large number of derelicts, layabouts, and other assorted unsavory characters, (drug dealers, gang members, anarchists, trouble makers who just like to burn and break things for the hell of it, etc.)

A setup like that, (especially when you also throw a smattering of well intentioned naive do gooders with wallets into the mix) is basically "bum heaven"....

Build it, and they will come....

On top of that, these camps have had a really bad affect on local small businesses and other "99 percenters"...

If this "movement", (if that's what it is....personally I think all the gushing and swooning from the liberal mainstream media makes it look like more than it is) they need to move past this...

The Tea Party didn't become a factor in American political life because of rallies and marches....

They became a player by getting politically organized and defeating and electing candidates....

If the flea baggers want to achieve the same sort of influence on the process, they need to do the same thing....

The good news for them is that the Tea Party has demonstrated that you don't need to have a huge amount of success to achieve a level of influence far beyond your numbers....

Politicians are a craven lot, and if you just get a few of them beat, many more will be intimidated....

[loCAtek]

Found more videos regarding the UC Davis pepper-spraying.

Not only did the students defy the legal warrant;

they can be seen deliberately resisting arrest throughout the vids;

the sit-down was to prevent the police from removing already arrested and handcuffed persons, another form of resisting arrest [Delaying, or otherwise Obstructing an officer or emergency medical technician (EMT) while he/she is engaged in (or attempting to engage in) the performance of his/her duties.1];

the students were clearly told what the consequences of their actions would be, which was acknowledged;

the police gave the students time to protect themselves with clothing and/or assume defensive postures.

Lastly, while this is touted as police brutality, at the time the students present seemed to treat the event as a victory.