ACLU says Hennepin County’s restrictions on Occupy MN ‘run afoul’ of 1st Amendment
Thursday, November 03, 2011 at 3:15 pm
- 13 Comments
Source: Kathy Easthagen
The American Civil Liberties Union (ACLU) of Minnesota sent Hennepin County commissioners a letter criticizing new restrictions the county plans to impose on Occupy Wall Street protesters in downtown Minneapolis, who have set up in Hennepin County Government Plaza since the first week of October.
While the ACLU isn’t representing the protesters, ACLU legal counsel Teresa Nelson asked that the county rescind the conditions on the protest–including new limits on what space protesters can occupy, storage of personal possessions and whether they’ll be allowed to stay outside when the temperature drops–which the county announced earlier this week.
The ACLU of Minnesota said in a press release that restrictions on free speech need to be narrow, definite and objective.
“When a regulatory scheme limits speech in a traditional public forum, the courts take care to ensure that the constitutionally protected expressed activity at issue be protected from government censorship,” Nelson wrote. “Rules such as the new rules that Hennepin County seeks to impose have the effect of subjecting the First Amendment activity to a prior restraint.”
The letter points out that the rules appear to be “ad-hoc” rules that weren’t previously enforced and that are designed to deal with just Occupy MN protesters: ”Because we believe that these new ad-hoc restrictions run afoul of the First Amendment, we request that you revoke your plan to oppose them.”
The letter was sent to Hennepin County Sheriff Rich Stanek, Hennepin County Administrator Richard Johnson, Hennepin County commissioners and Hennepin County Attorney Mike Freeman.
OccupyMNletter11.3.
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Comment posted November 3, 2011 @ 3:39 pm
Govt is not obligated to provide a soapbox for mobs to use to disrupt public order.
Pingback posted November 3, 2011 @ 3:46 pm
[...] ACLU says Hennepin County's restrictions on Occupy MN 'run afoul' of 1st AmendmentMinnesota IndependentThe American Civil Liberties Union (ACLU) of Minnesota sent Hennepin County commissioners a letter criticizing new restrictions the county plans to impose on Occupy Wall Street protesters in downtown Minneapolis, who have set up in …OccupyMN rallies in solidarity with Oakland, against repression of Occupy movementFight Back! NewspaperNew restrictions for Minneapolis Occupy protesters | The RepublicThe RepublicOfficials Lay Out New OccupyMN RestrictionsFOX 9 NewsExaminer.comall 42 news articles » [...]
Pingback posted November 3, 2011 @ 8:04 pm
[...] says it believes the restrictions violate the protesters' First Amendment rights. …ACLU says Hennepin County's restrictions on Occupy MN 'run afoul' of 1st AmendmentMinnesota IndependentOccupyMN rallies in solidarity with Oakland, against repression of Occupy [...]
Comment posted November 4, 2011 @ 2:16 am
I did not know that they could tell you how to hold a peaceful assembly…
And James… what mob? I See a peaceful demonstration.
Comment posted November 4, 2011 @ 7:21 am
the photo of the protestors was not taken anytime recently as most have already left. Just the usual hardcore of anarchists/activisits depending on your perspective remain. seems to be more possesions covered in ugly tarps. the entire plaza is strewn with these possesions/junk again depending on you perspective.
Its past time to end this futile expensive hippy gathering.
Comment posted November 4, 2011 @ 9:24 am
I’ve been watching the gatherers for several weeks now. I have seen no mob like activities, I see people standing up for what they believe is right. We haven’t seen this since the 60s and it’s long overdue.
and “there’s no one there…” Why do you think this is futile? and HOW is it expensive? These people have the right to peacefully gather! They are standing up for ALL of our rights as American citizens.
I dare you to be as courageous as these people and sleep out in the cold because you believe in something!
Pingback posted November 4, 2011 @ 1:51 pm
[...] allowed to be taped to plaza property. …ALCU-MN asks Hennepin Co. to rescind Occupy rulesKTTCACLU says Hennepin County's restrictions on Occupy MN 'run afoul' of 1st AmendmentMinnesota IndependentOccupyMN rallies in solidarity with Oakland, against repression of Occupy [...]
Comment posted November 4, 2011 @ 4:39 pm
James,
You don’t seem to be aware that this country has a constitution guaranteeing free speech.
I’m sure a country like Iran would be happy to have another citizen who believes the government can shut down peaceful assemblies when they are inconvenient. You might consider relocating there.
Comment posted November 4, 2011 @ 5:17 pm
James appears to think rights apply only to people like him.
Which explains a lot of conservative policies.
Hey, “theres no one there”, what expense? They’re just in the plaza. There isn’t any public cost, especially without a bunch of police uselessly hanging around watching.
Pingback posted November 4, 2011 @ 11:37 pm
[...] to assembly …Patience running out for Occupy Wall Street protestersMinnesota Daily (blog)ACLU says Hennepin County's restrictions on Occupy MN 'run afoul' of 1st AmendmentMinnesota IndependentOccupyMN rallies in solidarity with Oakland, against repression of Occupy [...]
Comment posted November 5, 2011 @ 6:42 am
The first amendment is a curious animal:
“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.”
This is a restriction on what Congress can do, not what the states can do. On the other hand, there is a long precedent of applying it universally.
I never really looked at the state constitution until the last couple years. I found it disappointing in the area of personal rights. What does it say about free speech, assembly, and petitioning the government?
“Sec. 3. LIBERTY OF THE PRESS. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right.”
“Sec. 8. REDRESS OF INJURIES OR WRONGS. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws.”
Whoever wrote this fell a fair ways short of replicating first amendment protections at the state level. Disappointing
Comment posted November 5, 2011 @ 7:39 pm
Peaceful? These demonstrators have stopped traffic repeatedly, have moved as a mob, have damaged private property, and have made terroristic threats as they trespassed in private businesses during the past month. They have cost the taxpayers of Hennepin County and Minneapolis more than a quarter of a million dollars to police them and clean up after them in the public space that belongs to the citizens of Hennepin County. They are without regard for the rights of anyone other than the group that associates with them and they have more than worn out their welcome in the City of Minneapolis.
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