We Have a First Amendment Right to Protest -- So Why All These Arrests Around Occupy Wall Street?

[marmar]

AlterNet / By Joshua Holland

We Have a First Amendment Right to Protest -- So Why All These Arrests Around Occupy Wall Street?
Many of those detained won't face charges, but the arrests take them off the streets.

October 18, 2011 |


On Saturday night, 175 members of Occupy Chicago were arrested after refusing to comply with a curfew the city had imposed on Grant Park. According to In These Times editor Joe Macaré, the arrests took place “one by one, and by all accounts as peacefully as possible.”

It wasn't such an orderly process in New York. Allison Kilkenny reported for the Nation that “what unfolded (on Saturday) was a dramatic confrontation between the NYPD and protesters in which individuals were almost mowed down by police motorcycles, nearly trampled by horses, and ultimately ninety-two activists were arrested.”

In cities and towns across the country, 1,500 American citizens have been put in cuffs in the first month of the Occupy Wall Street movement. While a small handful of them have been charged with various acts of mayhem, the vast majority were peacefully demonstrating. They were arrested for not complying with orders to disperse, or for refusing to tear down the encampments that have come to symbolize the movement. We have a right to peacefully assemble and protest in this country, so what gives?

On its face, “occupying” public space should be guaranteed under the First Amendment. The courts have long held that “expressive activities” are accorded the same protections as the right to speak or freedom of the press. The classic example is flag-burning – a person may not be saying anything when he or she lights up a flag, but it is nonetheless a form of political expression protected by the Bill of Rights. .............(more)

The complete piece is at: http://www.alternet.org/occupywallst/152781/we_have_a_first_amendment_right_to_protest_--_so_why_all_these_arrests_around_occupy_wall_street/

[Scuba]

1. Rights are for wealthy people that can donate huge sums of money to politicians and police alike.

[liberal N proud]

2. You have the right to freedom of assembly

As long as the purpose of that assembly agrees with the man and his plan.

That is the problem with our so called democracy.

[snot]

3. This is important. K&R'd.

[leveymg]

4. Rights don't even enter into it until you see the Judge. Few contraints on power of arrest.

The police can arrest you because they don't like your style of hat. So, they often do not have legal grounds for arrest, particularly during demonstrations. The rules of arrest are most largely a political decision made by the Mayor and whoever has hire/fire power over the Police Commissioner. The Chief of Police has authority over personnel promotions and disciplinary matters, but he has civil servant protection, and is usually well insulated from political pressure.

Once you're under arrest, a Judge can release you, but can do nothing else about any abuse committed by the police. In fact, you'll have to file a law suit with a civil judge about suing the officer for false arrest.

The odds are stacked in favor of the police and their discretion to arrest you is very broad. The arrested demonstrator's recourse is very limited. By design.

Like a casino, the odds always favor the house. By design.