Community | October 22, 2011 | 47 comments

The First Amendment and the Obligation to Peacefully Disrupt in a Free Society

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KB723
By Naomi Wolf
Posted: 10/22/11 04:03 PM ET

Mayor Bloomberg is planning Draconian new measures to crack down on what he calls the "disruption" caused by the protesters at Zuccotti Park, and he is citing neighbors' complaints about noise and mess. This set of talking points, and this strategy, is being geared up as well by administrations of municipalities around the nation in response to the endurance and growing influence of the Occupation protest sites. But the idea that any administration has the unmediated option of "striking a balance," in Bloomberg's words, that it likes, and closing down peaceful and lawful disruption of business as usual as it sees fit is a grave misunderstanding -- or, more likely, deliberate misrepresentation -- of our legal social contract as American citizens.

Some kinds of disruption in a free republic are not "optional extras" if the First Amendment governs the land, as it does ours, and are certainly not subject to the whims of mayors or local police, or even DHS. Just as protesters don't have a blanket right to do everything they want, there is absolutely no blanket right of mayors or even of other citizens to be free from the effect of certain kinds of disruption resulting from their fellow citizens exercising First Amendment rights. That notion, presented right now by Bloomberg and other vested interests, of a "disruption-free" social contract is pure invention -- just like the flat-out fabrication of the nonexistent permit cited in my own detention outside the Huffington Post Game Changers event this last Tuesday, when police told me, without the event organizers' knowledge and contrary to their intentions, that a private entity had "control of the sidewalks" for several hours. (In fact, the permit in question -- a red carpet event permit! -- actually guarantees citizens' rights to walk and even engage in political assembly on the streets if they do not block pedestrian traffic, as the OWS protesters were not.)

Read more at: http://www.huffingtonpost.com/naomi-wolf/occupy-wall-street-bloomberg-free-speec...

"Pretty good information and well worth reading... Thanks queenofit for the recommendation..." =)
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47 comments // The First Amendment and the Obligation to Peacefully Disrupt in a Free Society

  • kvb1
    • 0
      kvb1  

    • RIPublicans and complicit Democrats are moving this country closer to Fascism that anyone will admit. Because government has the power, the police, and the security apparatus, the PEOPLE are depended upon them to protect our guaranteed rights. But when government chooses to negate those rights, "it is their [the People's] Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security."

      Our Founding Faters instilled this in our own Declaration of Independence to give Rights to the citizenry to throw off despotic governments. When Governments usurp the RIGHTS of the People, it risks being overthrown by those very same People.

    • 7 months ago
  • PeteLeS33
    • +1
      PeteLeS33  

    • Out right revolution is always the last resort. And it is always started by those waring a uniform of some kind. The one percent are scared, with perhaps billions to loose. Keep it civil, and know your rights.

    • 7 months ago
  • letsliveinpeace
  • letsliveinpeace
  • EdJoyProductions
    • +4
      EdJoyProductions  
    • Image

    • Alfred Hitchcock Said:
      "I am scared easily, here is a list of my adrenaline - production: 1: small children, 2: policemen, 3: high places, 4: that my next movie will not be as good as the last one."

      The reason for being frightened of policemen was that if they take you into custody, you have to go and rely on their competence and motive.

      Suspension of civil rights and abuse of power is becoming a big problem under the guise of "National Security".

      “Anyone who trades liberty for security deserves neither liberty nor security”
      Benjamin Franklin

      http://hitchcock.tv/image_source/titlephoto.jpg

    • 7 months ago
  • David_H
  • DanCastro
    • 0
      DanCastro  
    • David_H:

      The police and law enforcement in general are supposed to "serve and protect" but they are also part of a organization that is very close in style to the military. The diff is that the police live "among us" and not in camps or forts (live/not work! ;-). These are ultimately someone's neighbors and we should try to reach them on that level. Without the police, there is no protection from the "mob" and so a worthy goal for OWS to reach for!

    • 7 months ago
  • Leen61
    • +5
      Leen61  

    • I saw Naomi Wolf on Countdown and have read her books. She is correct about the First Amendment. Bloomberg has no business trying to shut down our voices of decent. He just wants OWS to go away because it's shedding a poor light on him and his Wall Street buddies.

    • 7 months ago
  • KB723
  • squarethecircle
  • Frankenbury
    • 0
      Frankenbury  

    • Nice article, but if I may give a bit of advice. Don't use the word draconian unless it fits the situation. No one wants to fire bomb the occupy movement. No death penalties have been handed out. We haven't seen the systematic undermining of the nonviolent movement by false flag operations. Things are better than you make them out to be! Good writings though. Keep at it!

    • 7 months ago
  • David_H
  • Frankenbury
    • 0
      Frankenbury  
    • David_H:

      Oh, wow. Always some top notch shenanigans from those mounties, wondering if Australia has tried anything. Did you read about that drunk who pulled a knife on the protests at Yale? I agree with you as well, but it seem to me there have always been bullying thugs holding a presence in politics (and weapons!). Why would we let that interfere now? Now we're seeing the other side. Class system is going to take a bit of time to reform, so that people stop dying in unnecessary grief and poverty. If we really do this thing right it could be done faster healthcare reform imo. Monetary value, in the United States, needs to be reconsidered to accommodate the people who live everywhere. Something newer and easier needs to evolve out of current fiscal practices to make it less life threatening to people who can't get together a bunch of investing money together overnight or travel cross continents to conduct business with black berries and suits. If we want the power to vote again then were going to need to get something out of the financial sector some agreement that isn't citizens united, but isnt corporate plutocracy something effective in bringing relief to areas dealing with extreme poverty and not destroy our entire ecosystem, please. Either that or do something about the electoral college so that people can vote properly, but I'm pretty sure that no one wants to touch that.

    • 7 months ago
  • jim_b
    • +2
      jim_b  

    • The past couple of generations have been angry as hell down to the screaming music. I am curious to see if the bulk of them will join the brave ones on the the real front lines now. btw - Thank you Naomi for the power of your formidable voice.

    • 7 months ago
  • Shnyusasl_Deaf
  • KB723
  • Argon18
    • +6
      Argon18  
    • Image

    • Although the right to protest injustice is important, and the free speech used to raise voices to be heard, it takes usually takes some time for the message to be listened to.

      So during that time people are waiting for the message to get through and using that right to peacefully assemble, give them the chance, and most people will also use their right to free speech to hook up.

      http://www.huffingtonpost.com/2011/10/21/occupy-wall-street_n_1024042.html?ref=o...

      I've seen some people try out some pick up lines on Twitter #OccupyMe that might help people hook up, most of them are as cheesy as usual but there are a few that were interesting.

      "That is an amazing set of principles you got there!"

      "Excuse me, would you like to help me close my bank account?"

      "You had me at 90%"

      "Only 1% of women have been in my bedroom. You should help change that."

    • 7 months ago
  • remanns
  • artemis6
  • KB723
  • letsliveinpeace
  • KB723
  • letsliveinpeace
  • chew_chew
    • +3
      chew_chew  

    • "Just as protesters don't have a blanket right to do everything they want, there is absolutely no blanket right of mayors or even of other citizens to be free from the effect of certain kinds of disruption resulting from their fellow citizens exercising First Amendment rights. That notion, presented right now by Bloomberg and other vested interests, of a "disruption-free" social contract is pure invention..."

      Amen.

    • 7 months ago
  • beccainseattle
  • KB723
  • some_day
  • KB723
  • queenofit
    • +7
      queenofit  

    • I love this part of her article; "Most of us need to remember, or learn for the first time (since this information is usually concealed from us) that the First Amendment, and the Constitution in general, supersedes all the laws of municipalities in violation of the constitution, as stated in the 1925 Gitlow v. New York ruling. So the First Amendment supersedes the restrictive permit laws now being invoked against protesters. The First Amendment was designed to allow for disruption of business as usual. It is not a quiet and subdued amendment or right. " Powerful words! First Amendment ROCKS!!!!

    • 7 months ago
  • KB723
    • +3
      KB723  
    • queenofit:

      Lest we forget the forefathers were looking after the Citizens best interest, and not the best interest of Corporations... Somewhere down the line that has been forgotten or simply overlooked...

    • 7 months ago
  • queenofit
    • +3
      queenofit  
    • KB723:

      Yes, and even when our First Amendment rights are allowed to prevail, they are "cherry picked". OWS is showing how bad it has gotten and the spot light is bright.

    • 7 months ago
  • KB723
    • +4
      KB723  
    • Image
    • queenofit:

      Correct... The word is out, there was a large gathering here in Denver today, Heck it was even on the news... Making sales appointments today and could not make it down this weekend... =( I was able to make it down last weekend, here's a pic of me and my step daughters... =)

      *Edit* there is always tomorrow... =)

    • 7 months ago
  • queenofit
  • KB723
    • +3
      KB723  
    • queenofit:

      It is growing and gaining news coverage, although the corporate media would rather have nothing to say.... Hence I was surprised and pleased to see it on the news... I posted an article about Denver last Sunday, it didn't get many views, but I found it worthy of mention, that folks here in Denver are also over the BS and standing with the folks in NY... =)

    • 7 months ago
  • Leen61
  • KB723
  • Leen61
  • Itsbatman_Durr
  • KB723
  • toadware
    • +6
      toadware  

    • Hey I know, they need to build some giant, "free-speech" cages like they did for the presidential debates! :)~ Hooray for free-speech cages!

    • 7 months ago
  • KB723
  • wolfess
    • +2
      wolfess  
    • toadware:

      Perfect! Free speech cages to corral the cops and the 1%ers who might try to impede OUR free speech and RIGHT to peaceably assemble!
      Pwr 2 the peons! Cage the 1%ers!

    • 7 months ago
  • toadware
    • +5
      toadware  

    • Bloomberg seems pretty fascist just like Ghouliani does. I mean before 9/11 Ghouliani was one of the most hated governors in the Union. Why do you think the cops are running around beating people all the time? Someone is pulling their strings.

    • 7 months ago
  • KB723
  • KB723
    • +6
      KB723  

    • The First Amendment and the Obligation to Peacefully Disrupt in a Free Society

      "Pretty good information and well worth reading... Thanks queenofit for the recommendation..." =)

    • 7 months ago
  • queenofit
  • KB723
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