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Advice to OWS re free speech

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musiclawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 09:51 AM
Original message
Advice to OWS re free speech

If money is free speech then such free speech is unlimited No?
Then if assembly is free speech, why is it limited? It shouldn't be.
The tested legal theory is that the people need reasonable time place and manner restrictions so that the people's business can get done.
In turn, the comeback is that such total curfews on assembly are unconstitutional if those assembling are not creating a public nuisance ( nighttime noise/ sanitation) are not blocking access ( people and vehicles) to public buildings, and are not creating mayhem.

So...... Lawyers. Prepare your clients and read the case law. Prepare for legal battle.
And everyone else. Re-read the last sentence of the previous paragraph. Do this and you secure your public space indefinitely.
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 09:56 AM
Response to Original message
1. That's a point I made yesterday..that laws can't be made
that limits the right of assembly to air grievances against government and its actions. The constitution trumps all limiting laws state, city or congressional laws..that's why it's a constitutional right.
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Mz Pip Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 10:32 AM
Response to Original message
2. Sounds logical.
I wonder what Scalia would have to say about it.
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musiclawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-29-11 11:05 AM
Response to Reply #2
3. Scalia would come up with a lame excuse
To deny 100 percent right to assemble
The key to success for the protesters longterm is to be vigile like after 11 pm, clean up, and don't block driveways and walkways to public and nearby private buildings. It's really rather simple

That the numbers become small in the winter is ok. Let people regroup and strategize over the cold months What matters is to maintain a presence, no matter how small and offer as much assistance to those who remain





GOP = sociopath
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