The essence of the argument. occupation as a defense

The New York judge that ruled on yesterday’s assault against the Occupy Wall Street activists in Zuccotti Park commented that the protesters, “have not demonstrated a first amendment right to remain in Zuccotti Park, along with their tents, structures, generators and other installations.” Judge Stallman ruled. “Neither have the applicants shown a right to a temporary restraining order that would restrict the city’s enforcement of law so as to promote public health and safety.”

The comment begs the question as to whether the judge simply refused to adequately acknowledge the basic First Amendment aspect in this case, or the legal representatives for the movement failed to properly define the unique characteristics of the movement. Based upon the judge’s statement, the latter seems the obvious choice, at which point we can only wonder if the Occupy lawyers had the opportunity to make that distinction or if the judge refused to allow it.Occupation Chicago activists at a General Assembly meeting Sunday

The protesters, “have not demonstrated a first amendment right to remain in Zuccotti Park, along with their tents, structures, generators and other installations,” said Stallman. But taken at face value his opinion is fundamentally flawed, an opening the Occupy people should and need to exploit fully. Their premiere argument lies in their name: Occupy. Occupation is not defined as a brief and transient effort, but as a sustained effort whose duration is dictated, again by definition, by the occupiers. Evidence the Right who eschewed any suggestion of leaving Iraq or Afghanistan over the last decade as cutting and running, and certainly not the decision of anyone but the United States to make.

Their First Amendment right to remain is explicit in their name. otherwise we can refer to them as, sy, “Just passing through Wall Street,” or “Fed up folks visiting Wall Street, but not lingering,” or “Let’s go to Wall Street but definitely not stay.” Instead, they are “Occupy Wall Street.” The name defines the movement. It prescribes the action and the place it will occupy. The name is the First Amendment assertion of the movement.

The structures, tents, kitchens, hospitals and library are likewise equally fundamental to the movement and directly support the intent of the protest by means of maintaining safe and healthy conditions within the camp. That speaks directly to Stallman’s statement that “the applicants (have not) shown a right to a temporary restraining order that would restrict the city’s enforcement of law so as to promote public health and safety.” The protesters have not constructed a shanty town, but erected tents, explicitly to protect their members from the elements, and to facilitate an adequate presence to maintain an occupation. The hospital is staffed by registered nurses, who have donated their energies to the cause.

Truck driver Bob Hoffman donates time to serve soup for Occupy protesters

Curious that police attempts to disrupt and discourage the protest through unprovoked violence (see  https://900poundgorilla.wordpress.com/2011/11/07/attacks-and-intimidation-the-war-against-the-occupy-movement/  ) and the dumping of unsavory elements into the park were not presented in this case. The hyped and exaggerated incidence of crime, ballooned by outright falsifications and concoctions were used against the protesters and ruled on by the court, but the best defense remains in the name. By definition, Occupation is the essence of the argument.

Now the question that remains, if it is still possible to prevail on the strength of an argument or if the courts hear only their preconceptions and biases, or if they hear only what they are told to hear? More and more the courts are the tools of the wealthy, the corporations and powerful, rarely favoring indiviuals. Indeed, through the so-called financil collapse of 2007-2008 not a single person was indicted or arrested. Tens of billions were quite literally stolen by banks, financial instutions and corporations, either directly from the treasury or by draining 401K plans and pensions, all while the rich have grown obscenely wealthier. Yet, Occupying a park over outrage for those immoral and anti-American offenses by civilians demanding justice and reform is met by media indifference, partisan propaganda and riot police. Anyone see the insanity in all that?

About 900poundgorilla

W.C. Turck is a Chicago playwright and the author of four widely acclaimed books.His latest is "The Last Man," a prophetic novel of a world ruled by a single corporation. His first novel, "Broken: One Soldier's Unexpected Journey Home," was reccommended by the National Association of Mental Health Institutes. His 2009 Memoir, "Everything for Love" chronicled the genocide in Bosnia and the siege of Sarajevo. His third book "Burn Down the Sky" is published exclusively on Amazon Kindle. It was in Sarajevo at the height of the siege where he met and married his wife, writer and Artist Ana Turck. FOX NEWS, ABC, CBS News, the Chicago Tribune and The Joliet Herald covered their reunion after the war. He helped organized relief into Rwanda during the 1994 genocide. Turck has been a guest on WMAQ-TV, WLS in Chicago, WCPT, WBBM radio, National Public Radio, Best Of the Left and the Thom Hartmann show. He has spoken frequently on Human Rights, Genocide and Nationalism. In 2011, his play in support of the Occupy Movement, "Occupy My Heart-a revolutionary Christmas Carol" recieved national media attention and filled theaters to capacity across Chicago. He remains an activist to the cause of human rights and international peace. View all posts by 900poundgorilla

2 responses to “The essence of the argument. occupation as a defense

  • Thinker Belle

    Yeah, I see the insanity in all that! Why now? Why not in 2008?

    Why are the journalists always touting the rights of those in foreign countries and doing everything imaginable in the U.S. to restrict rights?

    I read an article that mentioned the protesters were chasing down criminals and surrounding them instead of calling the police. You could see that happening (group lynch mob mentality) during the trial of Casey Anthony.

    These people want to vote on what people do in their homes, who they talk to, what they buy, where they go,psychoanalyze them, look for genetic flaws that may explain why they aren’t “perfect” like themselves, and even dictate to the jurors. All brought to you by the media-local and national.

    It’s one thing to have a bad police force. But, when the media becomes that force…look out!

    People just aren’t buying it! The polls do not reflect that because, and guess what-they lie to get the results they want to see and hear.

    • 900poundgorilla

      What you are describing is the Corporate media many of us are against. We do not have a free and independent press any longer. If is either advocating for a corporate define status quo or selling us something, but it certainly is not the healthy and adequate tool of the people to be well informed. You and I are 100% in agreement on that.

      Pick a topic in the news. Like the three strikes rule. The corporate media had story after story of criminals getting out of prison and committing crimes, stoking the fires that eventually led to the three strike laws, or mandatory minimums for sentencing. And then, 6 months later a guy goes to jail for life for stealing a piece of pizza and that same media decries the injustice of that. They need to keep you distracted, off center or afraid, or are screming at you, anything to keep you-you Thinker Belle and me 900 poundgorilla from seeing the world for ourselves.
      As for why now and not in 2008? Things were not apparently at enough of a critical mass for most. Some were already on that line. Then again, where were the tea party folks when this nation put 2 wars on the credit card, and when the banks and hedge fund types were creating fictions to the tune of trillions of dollars, speculating on the speculation of speculations far in excess of the actual value of the products they were speculating on, which is what actually led to the collapse.
      Always ppreciate your views.

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