Wednesday, February 15, 2012
Law and Order Occupy Nashville Breaking Camp, But Vowing to Keep Protesting Despite New Crackdown
Posted by Jeff Woods on Wed, Feb 15, 2012 at 12:24 PM
“We’ll just be out here in the middle of the night protesting,” Jane Hussain told Pith as she helped occupiers haul away things today. “We’re not allowed to have blankets. We’re not allowed to have basically anything to protect us from the elements.”
“We’re talking about phase two,” said another protester, Eric Lewis. “It’s no longer an encampment, but it’s still a protest. Our actions will continue. Get the money out of politics. That’s still the message. The message hasn’t changed. The tactics will.”
That kind of protest wouldn’t violate the soon-to-be new state statute. As much as many lawmakers would love it, they can’t get away with enacting an outright ban on the exercise of free speech and assembly by long-haired hippie types on state property. They hope that by forcing protesters to do their thing on their feet in the cold, they will chase them away just the same.
That law the legislature is about to adopt will be open to challenge on First Amendment grounds because it obviously specifically targets Occupy Nashville and not some random happy campers who might decide to pitch a tent at the Capitol in the future. Some protesters are talking about disobeying the statute. They say they will sit in their tents or in their sleeping bags until the troopers twist on the zip-ties.
Support for the protest has declined since Gov. Bill Haslam’s outrageous October crackdown gave liberals and conservatives alike reason to rally around the encampment. Lately, organizers say, there have been only maybe three dozen protesters on any given night—about half as many as at the height of the occupation, those heady days of kite flying, square dancing and fist shaking on the plaza.
To some people, the whole thing is getting a little tiresome, like a reality TV show that’s run its course. Gail Kerr, the voice of Nashville’s establishment, made it official this morning in her column: “Occupy Nashville is about to get ousted by state and local officials, and frankly, I’ll be glad to see it over with. I’m pretty sick of hearing about it after four months.”
We guess Gail doesn’t care anymore whether we are witnessing state suppression of free speech. In other cities, they’re passing the same kind of laws to stamp out occupations. At Salon, this article puts what’s happening here in the national context. The National Lawyers Guild’s Heidi Boghosian explains what’s wrong with these "no camping" laws:
Clearly the law is used politically. Occupy has shed a spotlight on that fact. Laws are enacted arbitrarily and interpreted as to how the status quo wants to interpret them.It’s one thing to say people can’t sleep in the parks after midnight, but it’s another to create that law after they have already camped for an extended period of time. That is a political act … In several jurisdictions we have seen laws created targeting specific people who have a political message. As well, existing laws are frequently being enforced arbitrarily based on the political content of the message and that violates the First Amendment.
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Comments (15)
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Yep, conservative cities like New York and Washington, DC are also quelling "free speech" which mostly consists of panhandling and occupying park space that prevents actually productive taxpayers from using and enjoying it.
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For welcoming campsite facilities perhaps the (former) squatters should head for Bruce Barry's abode.
You probably would have said the same thing about all those students sitting at the lunch counter. They were keeping you from your milkshake.
The GOP is great in taking away your rights, but it doesn't seem to affect them.
I can't wait until the next election, maybe, be can turn this around to being more friendly toward the citizens of TN.
Obviously, Woodsy, you can't differentiate between protest and habitation. Would you have supported the students if they had set up housekeeping in Woolworth's?
Wait. You probably would have. To hell with business.
Often we don't know or think we need a law until some of our fellow humans show us that we do. Laws can't all be pre-emptive; they are often responses to existing problems that can become bigger problems -- bigger like if, say, EVERYBODY decides they can set up residence on public properties whenever they please. Anyone can claim a political message. Anyone can claim to have something to say to our leaders. And don't we all have something to say?
There is an arrogance and a selfishness with the Occupy encampments that turns me off, even if I might agree with some of the claimed message. I'm getting a message, but not the ones the Occupiers proclaim.
I'm sorry: I know many of them mean well, even if they are being used as political distractions.
What about the violation of the Eighth Amendment? A year in jail and a $2500 fine for erecting a tent? Seems cruel and unusual to me. I hope the state is increasing their legal allotment for the budget. They will need it.
Any time a law is passed to criminalize behavior that was not criminal in the past, and the law is designed to target a specific group or organization, it is unconstitutional. Salon “Occupy fights the law: Will the law win? From Boise to Nashvile, the movement faces an unconstitutional legal siege” http://www.salon.com/2012/02/14/occupy_fig…
The behavior the sponsors cite as justification for the new law is already illegal. The Department of Safety has not been enforcing the law so that the misbehavior by persons unconnected to Occupy Nashville can be used to smear the Occupiers.
The Occupytards are scumball, annoying twits whose only message is laziness and drug consumption.
State legislators are scumball, annoying twits whose only message is laziness and drunk driving.
Total B.S.! They should stand firm against this GOP administration's free-speech-stifling.
Yes the Party's over for Channel 4 & 5 because all the great visual's from
the Plaza will leave them without anything live to show. At least 4-5
local print Journalist will be laid off because of lack of material! So sad!
" Get the money out of politics-that is the problem" said one protester. Well, the Obama administration reelection campaign raised $997,000,000-just shy of one billion-for the reelection campaign. That is more than twice the amount ever!!
Yet somehow it's OK for Obama to do that but not any of the GOP candidates?
Explain that protestors?
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