"There's nothing in the First Amendment about camping"

[maxrandb]

Yes, that was an actual quote from some idiot Norfolk, VA City Councilwoman.

Norfolk has had its own small Occupy Norfolk encampment downtown, but the police came through today and broke it up. The city said that people could protest, but not bring tents or spend the night in the park.

On the news, they interviewed a local council member who gave us the above quote.

This country is soooo screwed.

[Zoeisright]

1. There's nothing in the First Amendment about protesting only being acceptable

during daylight hours.

[maxrandb]

7. Yeah

I had no idea that the Constitution only listed the rights we are allowed...Who Knew!?

There is nothing in the 1ST Amendment about Democratic Underground...guess it must be illegal.

[HopeHoops]

2. There's nothing in the Constitution about corporations being people either.

[orpupilofnature57]

3. !!!!!!!!!!!!!!!!!!!!!!!! Straight Up !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[HopeHoops]

11. There isn't anything in the Constitution about shopping while yacking either.

I hate that.

Point being, the founders couldn't have anticipated the environment we are in now. They did a fucking good job but it is getting to the point where it has out-used its relevance. The oligarchy is running the country. I'm not in favor of violent revolution, but we do need to stand up for our rights.

[orpupilofnature57]

17. They warned of the " Monied Interests " infiltrating our Democracy..

The Supreme Court didn't get the memo.

[HopeHoops]

19. Ah yes - and in the previous century, we were warned of the military industrial complex.

We were also warned that fascism would come to America wrapped in the flag and carrying a cross. Welcome to today.

[orpupilofnature57]

25. Today, the result of disregarding yesterday.

Where no one say's anything, they can be quoted saying anything about.And as you said " but we do need to stand up for our rights " doesn't sound like a member of a ' Brave New World ' . Peace.

[CTyankee]

4. Well, there is, if you want to make a federal case about it...

what about your first amendment right to assembly for the redress of grievances...the constitution is silent on where and under what circumstances the assembly could occur...


Well, we will see what we will see with these "campers." I, for one, think they have a good chance to get a blessing of their right to be there...I sure hope so...

[orpupilofnature57]

8. Good point

[CTyankee]

10. Oh, I really hope that the money=free speech will not prevail and

ordinary people will be able to have their voices heard...

This all makes me sad, tho....

[orpupilofnature57]

13. And pissed at the Supreme Court.

[maxrandb]

9. No! I think, seriously, she was actually talking about camping

and she was elected :wtf:

I'm pretty sure she learned about that darn "Con-sta-tushion" from Beck University.

[cyglet]

14. If our legislative "representatives" were in any way accessible

or listened at all to anyone who wasn't a lobbyist, then that might be reasonable. This is the only way to get a point across to them.

[janet118]

5. There's nothing about money equating with speech either . . .

It's selective interpretation and the 1% is doing the interpreting.

[LadyHawkAZ]

6. There's nothing in the First Amendment about

~marching
~picket signs
~slogans

etc. That's because they were SUPPOSED to be covered by the existing language.

[orpupilofnature57]

12. Exactly ,those people actually viewed the first Amendment as protection..

not a hindrance to Commerce & Continuity.

[orpupilofnature57]

15. Sycophant of the 1% ,the water totes with no allegiance to their own Mothers

[sabrina 1]

16. There's nothing in the Constitution about a curfew on the 1st

Amendment either. Nor does it say protesters cannot use tents.

[valerief]

18. There's nothing in the First Amendment about corporations! nt

[Luminous Animal]

20. There is nothing in the First Amendment about shoes, either.

[Downwinder]

21. A "Gathering" implies camping.

[cyglet]

22. There's nothing in the First Amendment that says you CAN'T camp n/t

[TexasProgresive]

23. Nothing in the original text of the Constitution but how about this

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

From Wikipedia:

Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, 268 U.S. 652 (1925), the Supreme Court has held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.

http://en.wikipedia.org/wiki/First_Amendment

Stupid is as stupid does. Actually stupidity is not something one can help but willful ignorance is perhaps the worst sin of all.

[unblock]

24. the court has long upheld various restrictions, as long as they're not on the CONTENT of speech.

and as long as they're not enforced only against certain types of speech.

so in general, having a restricting preventing camping in a park or effectively establishing a residence in a place park or having generators in a park or whatever, in and of itself is not a restriction on speech or a violation of the first amendment.

it only becomes a violation of the first amendment if the intent of the restriction is not public safety or sanitation or equal access to the park or some other reasonable governmental goal, but if its intent is the restriction of speech.


so even going in and cleaning up the park is not, in and of itself, a first amendment violation.


where bloomberg gets into first amendment trouble is that the cleaning up was done in a very heavy-handed manner. if the intent was actually to clean up the park, it would have been very easy to gain the cooperation of the occupiers. it was hardly necessary to forcibly arrest and evict them, nor was that a reasonable action solely for the sake of cleaning the park.

as for camping, had a no camping restriction been in place prior to the occupy movement, then it would not be a first amendment problem. it only becomes one given that it appears to be an afterthought designed to undercut the speech of the occupy movement.

[Fire Walk With Me]

26. NOT CAMPING

[Earth_First]

27. +100 n/t