Forum Post: A Constitutional lesson

The first amendment of the US Constitution is the 'freedom of speech' amendment. It seems simple in its wording, that Congress can make no law abridging freedom of speech or prohibiting the right to peacable assembly. So no, Congress makes no laws doing any of that. But there is a body of judges called the Supreme Court that makes rulings to determine exactly what that means when there are grey areas. These determinations are Supreme Court Rulings and they apply as the interpretation of the Constitution in specific cases.

We have a right to peaceably assemble. Everyone does. Its lawful for a municipality to charge for a permit because gatherings of people mean trash cleanup and security and other costs. But the bigger Constitutional issue we face is, that we can not infringe upon another person's rights, and usurp their rights without becoming 'unlawful'. For example, we can meet and stay in a park....but that can't infringe upon other people's rights to use that park. We can drum, but that can't infringe upon other people's rights to a good night's sleep. We think we can piss on the ground, but that can't make the grounds of a park unsanitary for the lady's kids who will come play there. We can march, so long as we don't block traffic for the guy who wants to drive on the road. So yes, we are guaranteed the right to peaceably assemble, but the peaceable ends when we step on someone else's rights. Once we step on someone else's rights, then the cops must come in and take back their rights for them, that we took and they will (and are) complaining about.

So yes, understand while we are here in this park, while we are in any park that we are occupying, we are keeping it from use by others. What we are doing is civil disobedience. And we are treading upon other people's rights by being civilly disobedient, make no mistake. Don't think we are so correct or idealistic that we should demand that our rights come before the rights of others who might have walked in the park but now they can't. We are not wholly within Constitutional grounds here. But that was not the intent.

We are using Civil Disobedience to send a message. Going about our daily lives doing the same old same old, does not send a message. No one would listen if we just grumbled to ourselves and walked the dog, and left the park after we were done walking. So we Occupied. And in doing that, we tread a bit on the rights of others to get them to notice, to get them to hear. Hopefully, to get them to understand.

Most cities have been treating with us carefully, allowing us to continue as long as we don't step on the rights of -too- many other people for too long. The more rights we take away from other people (their rights to use their public spaces too) the more we will move away from exercising our rights and be more concretely stepping on theirs. It is civil disobedience. But it is so they can hear.

So we say to the people: "I know you can't use your park. You can't take your kids there because we're there. You can't walk your dog there because we're there. You can't sleep during the day because you work night shift at a hospital, because we're drumming. We know. But hopefully you have noticed there is more..that we're here for you too.
I know I have stepped on your rights. But you have been robbed by greedy corporations, and your government has sold you out and you didn't notice. I had to do something to get your attention."