So, I've been wondering. . . does the Constitutional right to peaceful assembly override local city ordinances about the use of public areas?
Asked this way, it seems an innocent, inconsequential question. Yet that very question is in the news every day. Occupy Wall Street has morphed into Occupy America and a young veteran is in intensive care in Oakland, California because of this question.
His skull fracture isn't the first act of violence committed against protesters. Each one of these acts of police violence are directly related to the conflict of local ordinances with the Constitution of the United States of America. Locally influential business and politicos feel local ordinances are more important than Consitutional rights and set the local police to enforce this belief. Protesters believe their Constitutional rights of assembly are foremost and set out on their campaign of protest informed by this belief.
So far, legal response has supported the policy of local authorities enforcing local ordinances over Constitutional rights. For instance, in Nashville, Tennessee, local politicos enacted an ordinance yesterday putting a curfew on a local park where protesters were gathered. Dozens of protesters were arrested overnight using this ordinance.
This local response to legitimate, Constitutional protest isn't new, of course. Protesters throughout American history have suffered the same tactics. As long as local thugs are allowed to override constitutional rights, it will continue.
Good news? Authorities are reacting to pressure from Occupy protesters. This movement is facing the most entrenched and powerful foe to Constitutional, civil and personal rights ever faced by Americans, so this reaction is a good thing.
The bad news is this conflict will continue for a very long time. Occupy America will need support from folks like us for years to come. Do what you can; donate time, money, or just your voice. Wall Street in all its corrupted forms must be forced to face the consequences of their crimes against America.
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