Blog Post

Right of Assembly

Am I wrong or has anybody else noticed that police clearing of Occupiers and Flash mob participants violates the First Amendment—not the Freedom of Speech or Right of Petition parts but the Right of Assembly?  This right goes back to the early days of the Roman Republic when the plebs simply gathered in front of the Curia to protest their exploitation by the Senatorial class.  No riots. No petition.  No list of "non-negotiable" demands.  No pretense of knowing how to fix the system.  Simply assemble.  The Occupiers are right to refuse to list a set of demands or offer a program.  The system protects itself from having to respond by playing on the differend.