The Occupation and the Constitution

The concept that I hear being constantly reused defending the police brutality against the various Occupados around the country is that If you resist a police order, that essentially gives them free license to do whatever they want to move you or get you to comply.  This is overlooking one basic thing, which is that this is not a country in which the police may simply do whatever they want, rather there are several (federal, state, local) sets of guidelines that they all must follow, foremost among these being the United States Constitution.  Regardless of the legitimacy of police action in response to the disobeying of police orders, if these orders are unconstitutional in basis, then it is the actions of the police themselves that are criminal.  The purpose of the First Amendment was to insure that the government remained responsible to the people, and it is no coincidence that the more controlled the Fourth Estate is by both business and the government itself the less the government has been concerned about its responsibilities to its people.  This is why it is not the “freedom to peaceably assemble as long as you aren’t in the way or saying things that go contrary to ‘popular’ opinion”, rather it is the “freedom to peaceably assemble.”  The carrying out of such vicious brutality as the beatings in Berkley and New York, or the pepper spray incident at UC Davis, against individuals carrying out exactly what the First Amendment of the US Constitution guarantees them the right to do is not only blatantly unconstitutional and illegal, it is an act in defiance of the very principles this country was founded upon.

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