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No Mayor Has The Power to Deny Anyone Their Right to Peacefully Assemble
Americans have a long tradition of peaceful protests, demonstrations, and marches, and why shouldn’t they? The First Amendment to the U.S. Constitution guarantees that the government cannot interfere “with the right to peaceably assemble or prohibit the petitioning for a governmental redress of grievances.” Some notable peaceful protests include the woman’s suffrage movement, Civil Rights movement, and Viet Nam anti-war movement and in each instance, the peaceable assemblies affected change in government policies. Unfortunately, each one of those historical protest movements engendered violence from law enforcement officials that failed to deter the participants, and in fact, only garnered attention for the particular cause because patriotic Americans were repulsed that their fellow citizens were arrested for exercising the Constitutional right to assemble peaceably.
The Occupy Wall Street movement has gained support as more Americans begun to realize that the protestors reflected their concerns that Wall Street, corporate banking interests, and the wealthiest Americans were exerting undue influence on the government and were responsible for the gross income inequality apparent in America today. In Oakland’s version of the Occupy movement, police in riot gear fired bean bags, rubber bullets, tear gas, and stun grenades at peaceful protestors on orders from Mayor Jean Quan after she unexpectedly reversed her support of the protest movement. For the past two weeks, Quan told the police to leave protesters alone because she said she supported the protests, and that sometimes “democracy is messy.” Quan’s order to police had the desired effect and proved that indeed, democracy is messy; especially when law enforcement uses violence to disrupt peaceful protests.
The scene was reminiscent of Tahrir Square in Egypt when government forces opened fire on peaceful protestors, and although it seemed unreal that American citizens would be the recipients of police brutality for lawfully assembling in a public place, video footage and photographs proved the reality that in America, the Constitution is not worth the paper it was written on. Although Oakland appears to be the only city that police openly used brute force against the occupiers, in cities across the country government officials began a concerted effort to deny protestors their Constitutional right to peaceably assemble for a governmental redress of grievances. In Oakland’s case, it is not entirely clear why Mayor Quan changed position and stopped supporting the protests, but her unexpected reversal and authorization of force against the protestors seemed to coincide with officials in various cities who, like Quan, decided that the occupy movement had to be disrupted.
There are any number of reasons mayors across the nation have changed their minds and decided they cannot afford to allow the occupy movement to gain any more momentum in their cities, but one valid assumption is that as more Americans understand the reason protestors are railing against corporate control of the government and the widening income disparity between the haves and have nots, the movement has the potential of engulfing the entire country. The media has been complicit in keeping the protest movement out of the public’s consciousness because all the major networks are owned and operated by large corporate entities that the occupiers are railing against. The media can ill-afford for ordinary Americans to learn that their sentiments regarding corporations and banks is shared by protestors because if they did, every major city in America would be inundated with tens-of-thousands of irate Americans demanding change. Make no mistake, Americans overwhelmingly agree with the occupy movement whether they have heard of it or not.
In the latest New York Times/CBS poll, two-thirds of Americans believe that wealth should be shared more equally which is one of the main complaints of the occupy movement. Although the occupy movement has not yet began positioning itself in electoral matters, the poll reported that 70% of Americans feel Republicans policies favor the wealthy over the poor and middle class. The occupy movement has not come out against capitalism per se, but only that there is a disproportionate distribution of wealth favoring the wealthy and their corporations who exert influence over the government to perpetuate income inequality. Clearly, if more Americans knew about the occupy movement and the complaints about government favoring wealthy Americans at the expense of the middle class, poor, and elderly, they would support the occupiers and oppose Republican en masse.
The biggest fear Republicans and their corporate-controlled media has is that the occupy movement’s mission and complaints about banks and corporations controlling government policy become well-known by the public. It is why Democrats must tap into the occupy movement’s energy and redirect their anger toward Republicans who are progenitors of income inequality to the benefit of the rich, corporations, and Wall Street banking interests. A transition from occupying cities around the country to the ballot box will certainly doom the Republican Party in 2012 and that may explain the frenzy to stop the movement in its tracks.
There is a problem for those who think using force against the protestors is a good idea and it was evident in Oakland. After police launched their first assault on the protestors occupying Oscar Grant Park they numbered about 300, when news of the attack made the rounds, the group swelled to 1,000. Similar events happened during the Viet Nam war protests and if there is one thing Americans will not tolerate, it is having their Constitutional rights revoked. As news of the violence spreads, there will invariably be substantially more participants joining the protestors and especially after an Iraqi War veteran was critically wounded when police fired either a tear gas canister or a flash-bang bomb that struck the veteran in the face fracturing his skull. Scott Olsen, 24, is in critical condition and is not breathing on his own at last report. So much for the Constitution’s guarantee that the government cannot interfere with peaceably assembled protestors.
The occupy movement will continue to grow as news of their mission reaches the public who overwhelmingly agree with the protestors. The recent news from the Congressional Budget Office verifies what the occupy movement already knows and it is that income for the top one percent of wealthy Americans grew by 275% over the past 28 years. Americans know their incomes have been steadily declining over the same period and that knowledge has provoked the 99% movement to take to the streets to occupy Wall Street and major cities across this nation. If mayors and leaders in major cities thought the occupy movement was reaching its zenith, they cannot fathom the numbers of Americans who will inundate their cities when Americans’ worst fears about the wealthy growing their income becomes verified.
Americans deserve to be allowed to protest as part of their Constitutional right, and no mayor, or corporate shill in power has the right to deprive any American the right to peaceably assemble. Republicans have precipitated every last outrage that has given the wealthiest 1% an unfair advantage in acquiring wealth, and their attempts to finish off the poor and middle class are bound to fail unless they can persuade more leaders to open fire on peaceful protestors. In Oakland they used rubber bullets, flash bombs, and teargas; but if Republicans have their way, the non-lethal weapons will give way to live ammunition to slaughter the protestors where they stand. Remember, Republicans derided President Obama for supporting Egyptian protestors and they supported Egyptian military forces opening fire on peaceful protestors. Based on the Republicans’ efforts to protect Wall Street bankers and the wealthy at any cost, it is not a stretch to imagine a Republican governor or mayor authorizing the use of lethal force against occupiers representing the 99%. On the social media outlet, Twitter, Herman Cain said, “this Bud’s for the Oakland police for doing such a good job” after they opened fire with rubber bullets and tear gas canisters that critically wounded an Iraqi War veteran. Now, imagine the rejoicing in Republican circles if police begin using live ammunition on peaceful protestors for exercising the Constitutional right to protest peaceably. There can be little doubt Republicans are strategizing on how best to encourage a wholesale slaughter to send a message that if you mess with the wealthy, you are going to die regardless of the Constitution. They have spent the past ten years protecting the wealthy at all costs at the expense of 99% of the American people, so slaughtering a few protestors will not bother them in the least.
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boil
Oct. 27th, 2011 at 10:53 am
where has the ACLU and other lawyer co-ops been? i haven’t seen them go into court and seek injunctions over the neo-military response. kids running in the streets? shoot them. iraq war vets? shoot them…. where are the smart young lawyers?????
Courtney
Oct. 27th, 2011 at 12:23 pm
Boil:
The National Lawyers Guild has been a very strong presence in the Occupy movement since the beginning. They have a 24-hour hotline for protesters, with available attorneys in most major cities.
www.nlg.org/occupy/
“The Partnership for Civil Justice Fund (PCJF) on Oct. 4 filed a class action lawsuit against Mayor Bloomberg, Police Commissioner Kelly and the City of New York, charging mass violations of constitutional rights in the trap and detain mass arrest of 700 demonstrators on the Brooklyn Bridge this past Saturday, October 1, 2011.”
www.justiceonline.org/com...
Reynardine
Oct. 27th, 2011 at 12:01 pm
Of course, it did happen at Kent State.
Shiva (Moderator)
Oct. 27th, 2011 at 1:12 pm
Let’s remember that while we have the right to assemble, government has the right to tell us where to assemble. Whether it’s federal state or local. Do we remember the George W. Bush freedom areas? You couldn’t be within a quarter-mile of him if you are protesting. They would make sandboxes for you to play in while he went around and did whatever he was going to do.
Parks have laws, open Commens And other city gathering areas areas have laws were ever local government wants to make them. So you are screwed from the start. Sure you have the right to assemble but will you please go 20 miles out of town to do it. This is how they are getting many of the protesters arrested. the right to peaceably assemble is easily subverted.
I wholeheartedly agree with the intent of this article and we do have the right to assemble but let’s face it Some of this Is our own faults. How many people go to their local zoning ordinance meetings? Already people go to their city management meetings and determine how the laws are made? All these laws and subvert the peaceable right to assemble are done right under our noses in with our (Silent) approval. The same goes for our congressional laws as well as state laws. a city can make peaceable assembly absolutely impossible with curfews, how any people can be in a crowd and time limits.
Colleen
Oct. 27th, 2011 at 4:11 pm
Do you think the permitization process is possibly one such way the Corporate/facist state can erode our civil liberties? Just a thought…
Colleen
Oct. 27th, 2011 at 4:03 pm
Welcome to United Corporations of America where if the Koch Brothers, News Corp., GOP and some Dems had their way we’d become a total police state. Note how militarized the police forces have become in recent decades and what the hell is the Homeland Security for? Herman Uncle Tom is nothing short of a Koch sucker and he can’t even hold a candle to President Obama. The OWS is the best thing that has happened in this country in decades and it will only continue to grow until change happens. It’s about time as the Tea Partiers with their strains of facism are kind of scary.
Johnee
Oct. 27th, 2011 at 8:17 pm
“Koch sucker” Heh.
tidux
Oct. 27th, 2011 at 4:26 pm
Can we get Ron Paul on board with this? If there’s one thing he purports to hate, it’s the Bill of Rights being violated. Either he adds a powerful voice in defense of the right to protest, or he shows himself as a hypocrite and most of America can continue ignoring him.
Johnee
Oct. 27th, 2011 at 7:57 pm
Of course it’s not about Capitalism in general. A lot of the protesters are small business owners( myself included )! This is just another B.S. myth that the right wing talking heads love to perpetuate to their faithful minions. “they’re Marxists”, “they hate the free market.” Yeah. Yeah. Blah blah blah blah blah!
K
Oct. 27th, 2011 at 10:56 pm
Every mayor has 3 responsibilities regarding this matter, to provide a place to peacefully assemble ,exercise free speech and to instruct the local police force to protect the citizens right to do so.
williambanzai7
Oct. 27th, 2011 at 11:31 pm
I agreed with everything until you laid it all on the Republicans, the Democrats and Republican establishment are all part of the same corrupt beast and that is also what the OWS movement is saying.
Miles S.
Oct. 30th, 2011 at 9:21 am
First of all, I have to say that I don’t agree 100% with the protests and this article. Not a big fan of “wealth redistribution” or taxing the rich into poverty. I have never been imployed by a rich man.
But with all of that aside, I do believe in that if the protesters are peaceful and clear, they should protest to there hearts content. I do not give a rat’s ass on how much the legal system spins their take on the Constitution, it clearly states the right to peaceful assembly. Not “right to peaceful assemble where, when, and how we tell you”. Isn’t all local, state, and federal buildings taxpayer owned and funded anyways?
I’m not out there protesting because I don’t agree with it, but just because I don’t agree with something doesn’t mean I should be able to force my will upon others. All protest are people just demonstrating their opinion. We all know opinions are like assholes, everybody’s got one. The only problem is that 98% of them stink! That implies that the remaining 2% smell pretty damn good.at least to you they do. In other words, people always align themselves with others who think in parallel with them. They don’t reach out and learn someone else’s position, they are just eagerly willing to attack when they don’t agree with them. My sister used to think along the lines of wealth redistribution until her and her husband started their own business. They work around the clock and do fairly well for themselves. They are by no means poor, but they are not millionaires either. They are paying a bucket load of taxes. Its not just the down trodden getting hosed, its everyone. Granted there are some rich scum bags out there dodging taxes, but there not just a problem with the tax structure, the whole system is in disrepair. There are people who have been carrying a lot of the burden while other’s ride out the system as long as its willing to give. The root of all crime, violent or white-collar, is greed. Someone wants what someone else has. Simple as that. We have forgotten as a people that there is a difference between wanting and needing. We need to breath, eat, and have shelter. We want cars, nice houses, and fancy electronics.
A rapist attacks because he “thinks” he needs his victim, but really he just wants what he cannot obtain through conventional means. A Bernie Madoff type does the same thing but now the want has become a monster with an appetite that can never be satisfied. Our laziness and wants for bigger better things is getting the best of us.
Shiva (Moderator)
Oct. 30th, 2011 at 9:32 am
Wealth distribution is defined many ways. The way it is defined by Obama and by people who understand what wealth distribution is, is by the fact that the middle class is working and has the proper amount of purchasing power. The wealth distribution in this country should be 20% at the top, 60% in the middle and 20% at the bottom. Right now it is 80% at the top, and 20% left over for the rest. No country will survive like that unless they survive like Feudal medieval England
The people protesting are protesting the social disparity in our population. The US ranks 93rd among nations in inequity between the rich and the poor. We rank below Iran and India. Are you a fan of that?
Lee
Nov. 2nd, 2011 at 10:15 pm
Rapists are sick minds who wish to dominate another human being, it is about power not need. That should sound familiar to you, basic human needs go far beyond your power tripping mentality of subsistence survival for anyone not earning a big buck. You know what, I am wasting my time. You are an idiot that cannot see past his own “needs” I’ll bet your mother in the nursing home hates you.