Still Free

Yeah, Mr. Smiley. Made it through the entire Trump presidency without being enslaved. Imagine that.

Tuesday, November 15, 2011

Those "Unbridgable" Rights

Since it seems that unless I'm a white man or woman writing for an establishment type newspaper or blog, what I say amounts to a hill of so many beans (yes I'm somewhat bitter), let me go and quote somebody else in regards to those rights that "we" supposedly have in the US.

Here's Dave Lindorff on The Penn State situation:

And yet there are all kinds of laws that abridge freedom of speech and the right peaceably to assemble, as well as the right to petition the government for a redress of grievances.

We’ve all been witness lately to how municipal authorities, no doubt under pressure from the bankers and from the central government’s police and political authorities, have been “abridging,” with the aid of police wielding clubs, pepper spray and tear gas canisters, the supposed freedom of occupy movement activists to peaceably assemble.


This morning upon hearing the news of the removal of the #occupy protestors including the destruction of their property, I reminded the twitterverse as to the laws governing the citizens rights to peaceably assemble:

“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.”


And importantly the 14th Amendment which is clear about what the states can and cannot do in regards to the rights of citizens:

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


In regards to due process, even the severely diluted form that it currently has, has been affirmed by court order allowing the #occupy protestors to remain. I won't engage in my position that the "life, liberty and property are in regards to criminal or civil prosecution and not in regards to the actual rights of citizens.

It's pretty sad when I have to read citizens writings about how the #occupy protestors have to act "legally" as if peacefully assembling isn't already legal. Furthermore claims of sanitation and crime are no legal grounds to abridge the rights of protestors. Sanitation issues can be negotiated with those peacefully assembled to provide public safety while recognizing the assembly rights.

Similarly if crimes are being committed in the #occupy protests then the state has a right and obligation to find those responsible and prosecute them. To report as if the actual protestors are criminals or creating crime is utter bullshit. Similarly claiming that reports of gunfire are grounds to evict #occupy protestors is bullshit as well. Shootings happen outside of all manner of locations including parks, nightclubs etc. Shall we shut them all down as well? I mean people get raped in Central Park. Shall we shut it down and deny people access to the park?

None of this is totally surprising given that a poll taken a couple of years ago found that a good number of Americans are of the bizarre opinion that they have "too many rights".