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View Diary: Police Violence: Another Big Difference Between The Tea Party and Occupy Wall Street (205 comments)

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  •  WendyW - right to peaceful assembly is not (3+ / 0-)
    Recommended by:
    redlum jak, Wendys Wink, worldlotus

    the right to peaceful assembly on public property. The two are not connected. You can assemble any group you want on private property with the consent of the owners (such as OWS NYC) the right is to assemble, not to access public property. Local governments can put reasonable restrictions on accessing public property and the SCOTUS has upheld that right for decades. You are confusing two distinct issues. Regulations like not camping in public parks, no evening access, no fires and similar local ordinances do have the force of law and are constitutional. Permits are required when the number of people is large enough for there to be a health or safety issue that the local government wants to be formally noticed and to be certain that the organizers understand and agree to follow the local laws. Permits are constitutional.

    "let's talk about that"

    by VClib on Wed Oct 12, 2011 at 09:48:30 AM PDT

    [ Parent ]

    •  Interesting Contrast! (10+ / 0-)

      The right has no problems with putting all kinds of legal and extra-legal restrictions around the exercise of First Amendment rights, whether they are justified for safety reasons or sheer arbitrary STFU.
      But when it come to the Second Amendment - whoa! no restriction, no matter how sensible, can be allowed to interfere with the NRA wing-nut's right to carry an loaded automatic weapon wherever he goes. Safety issues be damned! he feels safer with that weapon and the hell with the rest of you.

      Democracy - Not Plutocracy!

      by vulcangrrl on Wed Oct 12, 2011 at 10:25:49 AM PDT

      [ Parent ]

    •  The right to assemble includes public property (6+ / 0-)

      The right to assemble, and the right to petition the government give a pretty clear picture that the people are allowed to protest in front of a government building.

      Where that right conflicts with the rights of other people to go about their business in safety, a municipality can set rules to balance those rights. They can regulate individual behavior (e.g. refusing to accept fire sculpture as a valid form of political commentary), and group behavior (parades of a certain size need permits).

      But, those rules only balance the rights of various parties, they do not deny the right of assembly itself. There needs to be a demonstration of necessity, for such reasons as accessibility and safety, not just an unwillingness to hear dissent. And, the same rules regarding behavior need to apply irrespective of the message.

      In fact, the right even extends to private property, in cases where that private property takes on the function of a public square (e.g. Marsh v Alabama (1946), whether or not the owner wishes to hear the message.

      Why is there a Confederate Flag flying in Afghanistan?

      by chimpy on Wed Oct 12, 2011 at 10:58:28 AM PDT

      [ Parent ]

    •  I disagree. Public lands are lands that belong to (3+ / 0-)
      Recommended by:
      home solar, redwagon, Calamity Jean

      the Citizens in total. Therefore, citizens have the RIGHT to assemble on lands owned by the citizenry. You can have all the papers written, books printed, judges barking, etc., but bottom line:

      The Right to peacefully assemble on public land is sacred. Public land belongs to all citizens.

      Yes, there can be safety regulations, etc. I do not dispute that. What I am saying, is that the governmental entities, cannot forbid peaceful assemblage on public land. The governmental entities don't own the public  land. The people own the public land.

      Hope has a hole in it when Republicans come, bringing shackles and sorrow; branding their greed on the backs of the poor. - Wendy Connors

      by Wendys Wink on Wed Oct 12, 2011 at 12:10:27 PM PDT

      [ Parent ]

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