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Robert Reich

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The First Amendment Upside Down: Why We Must Occupy Democracy

Posted: 11/22/11 01:17 PM ET


You've been seeing this across the country... Americans assaulted, clubbed, dragged, pepper-sprayed... Why? For exercising their right to free speech and assembly -- protesting the increasing concentration of income, wealth, and political power at the top.

And what's Washington's response? Nothing. In fact, Congress's so-called "super committee" just disbanded because Republicans refuse to raise a penny of taxes on the rich.

Meanwhile, the Supreme Court says money is speech and corporations are people. The Supreme Court's Citizens United decision last year ended all limits on political spending. Millions of dollars are being funneled to politicians without a trace.

And a revolving door has developed between official Washington and Wall Street -- with bank executives becoming public officials who make rules that benefit the banks before heading back to the Street to make money off the rules they created.

Other top officials, including an increasing proportion of former members of congress, are cashing in by joining lobbying power houses and pressuring their former colleagues to do whatever their clients want.

Millionaires and billionaires on Wall Street and in executive suites aren't contributing all this money out of sheer love of country. Their political spending is analogous to their other investments. Mostly they want low tax rates and friendly regulations.

Why else do you suppose tax rates on the super rich are now lower than they've been in three decades, and why -- even though the long-term budget deficit is horrendous -- those rates aren't rising? Why else do the 400 richest Americans (whose wealth is larger than the combined wealth of the bottom 150 million Americans) now pay an average tax rate of only 17 percent?

Why do you think Wall Street got bailed without a single string attached -- not even being required to help homeowners to whom they sold mortgages, who are now so far under water they're drowning? And why does the financial reform legislation have loopholes big enough for bankers to drive their Ferrari's through?

And why else are oil companies, big agribusinesses, military contractors, and the pharmaceutical industry reaping billions of dollars of government subsidies and special tax breaks?

Experts say the 2012 presidential race is likely to be the priciest ever, costing an estimated $6 billion. "It is far worse than it has ever been," says Republican Senator John McCain.

If there's a single core message to the Occupier movement it's that the increasing concentration of income and wealth at the top endangers our democracy. With money comes political power.

Yet when real people without money assemble to express their dissatisfaction with all this, they're told the First Amendment doesn't apply. Instead, they're treated as public nuisances -- clubbed, pepper-sprayed, thrown out of public parks and evicted from public spaces.

Across America, public officials are saying Occupiers have to go. Even in universities -- where free speech is supposed to be sacrosanct -- peaceful assembly is being met with clubs and pepper spray.

The First Amendment is being stood on its head. Money speaks, and an unlimited amount of it can now be spent bribing and cajoling politicians. Yet peaceful assembly is viewed as a public nuisance and removed by force.

This is especially worrisome now that so many Americans are in economic trouble. The jobs recession grinds on, seemingly without end. Homes are being foreclosed upon. Qualified students cannot afford college. Or they're forced to take on huge debt loads they can't repay in a jobless economy. Schools are firing teachers. Vital social services are being axed.

How are Americans to be heard about what should be done about any of this if they are not allowed to mobilize and organize? When the freedom of speech goes to the highest bidder, moneyed interests have a disproportionate say.

Now more than ever, the First Amendment needs to be put right side up. Nothing less than the future of our democracy is at stake.

 
 
 

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You've been seeing this across the country... Americans assaulted, clubbed, dragged, pepper-sprayed... Why? For exercising their right to free speech and assembly -- protesting the increasing conce...
You've been seeing this across the country... Americans assaulted, clubbed, dragged, pepper-sprayed... Why? For exercising their right to free speech and assembly -- protesting the increasing conce...
 
 
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HUFFPOST SUPER USER
blarneydude
I can handle the truth. Now let's talk about you.
09:08 PM on 01/07/2012
RIGHT ON! Occupy the money. Occupy the means of production. Occupy everything.

Stop the theft of the country. NOW.
04:54 AM on 11/28/2011
If only it were that easy...
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papapj
..light as a feather..
10:38 PM on 11/24/2011
Word, Robert....
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HUFFPOST SUPER USER
Craig Bovia
Vermont, 1791, women can vote, no slavery allowed
10:39 AM on 11/24/2011
Robert always nails the Truth.
HUFFPOST SUPER USER
Sam Bark
It's a MAD world after all...
04:00 AM on 11/25/2011
craig B - as seen by a progressive politician and a liberal professor that has NO biased understanding of capitalism and private enterpises and beileves in government above all......
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HUFFPOST SUPER USER
Craig Bovia
Vermont, 1791, women can vote, no slavery allowed
10:29 AM on 11/25/2011
Your point is unclear to me. Sorry.
04:23 AM on 11/24/2011
OWS should be protesting Washington DC criminals in our Senate and Congress that perpetuate the BIG Business Bailouts/Special "Legislation" to help the Business's Wallets to Senate/Congress Campaign Contributions - it's a vicious cycle of back-door deals and campaign contributions . Our Senate and Congress created laws and capitulations of WTO, NAFTA, CAFTA, GATT that shipped our industries overseas and lifted tarriffs for imports. OWS needs to OCCUPY DC instead. Our government has a symbiotic relationship with Big Business/Wall Street. Look at Solyndra, Citigroup, JP Morgan Chase, GM, Fannie Mae/Freddie MAC, Fannie Mae as examples of this. WAKE UP PEOPLE our Senators and Congressmen on BOTH SIDES are selling us OUT! We need to cleanse the Senate and Congress of these seedy elected crooks and elect REAL Americans that actually care about America, it's current citizens and the future generations. The whole left/right partisanship is a divisive illusion created to divide us. I am an independent and only trust Ron Paul and Dennis Kucinich. The rest of them don't give a crap about the "little people".
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HUFFPOST COMMUNITY MODERATOR
mairs
Four legs, good.
05:25 PM on 12/24/2011
Ron Paul is almost the complete opposite of Dennis Kucinich. You should make up your mind.
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snowballinhell
Humans have a 100% chance of extinction
01:08 AM on 11/24/2011
Give your support to the students of the University of California system involved in this effort.
http://occupywallst.org/article/occupy-uc-davis-calls-nov-28-general-strike-shut-d/
09:37 PM on 11/23/2011
Thanks to everyone for their comments, replies, support, attacks & everything else to my participation in this discussion. Bad weather locally & a mild case of pneumonia gave me the time needed to participate. I have many things that need to be done around home that are more important to me than spending additional time in this discussion. The future will testafy whether or not we, the human race, made the right decisions in regard to this country or the planet for that matter. Best wishes for the Holidays Luke :-0))))))
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Si1ver1ock
the bread of wickedness, the wine of violence
07:43 PM on 11/23/2011
The repression started when OWS got behind the Tax Wall Street agenda. Suddenly, it wasn't funny anymore. A couple of politicians have introduced legislation for the Wall Street Sales Tax, although you wouldn't know it watching the news.

It's time to take the winter off and regroup we have all next year to raise hell.
10:40 PM on 11/23/2011
this is so frustrating to read. what do you think "tax wall street" means? A company doesn't have a pesonal savings account. Charge them more, and they just raise prices. It's very simple when federal regulations apply new taxes across an entire industry.

BoA started in with a debit card fee because they're operating a loss now. Okay, so everyone flips out - great - then when they go bankrupt, the gov will bail them out because the people with accounts there will DEMAND it.

try to learn how business works before trying to change it.
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snowballinhell
Humans have a 100% chance of extinction
12:50 AM on 11/24/2011
No, people with STOCK in the company will demand the bailout.
01:21 PM on 11/24/2011
Oct 18, 2011
Bank Of America Earnings Report: Bank Sees $6.2 Billion Profit

Bank of America earned billions of dollars in profits last quarter, even as banking officials expressed concern recently about the effects of new regulations on their bottom line.
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HUFFPOST SUPER USER
Ed Hass
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HUFFPOST SUPER USER
Ally Solver
Problem Solver Extraordinaire
02:20 PM on 11/23/2011
Repeat over and over again readers until you understand it. ows is not about democracy, free speech or any other right. It is about a mob of criminals committing crimes of property damage, personal injury, theft, etc. As such, the police should arrest them. Endit!

Censorship is evil.
03:27 AM on 11/24/2011
Wall Street "Banks" (Casinos) caused several trillion dollars worth of damage to my nation...the police should arrest them. End it!

Mark to Market, then seize.
02:49 PM on 11/26/2011
I think you confuse OWS with big business and the govrt.
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HUFFPOST SUPER USER
Ally Solver
Problem Solver Extraordinaire
03:47 PM on 12/01/2011
Government has similar character to ows. Big business does what it is supposed to do, it has no similarities with ows.
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drcisneros
physician & biomedical engineer
01:48 PM on 11/23/2011
In the country of freedom, peaceful protest is a crime punishable with violence !
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HUFFPOST SUPER USER
aonorat
US Navy Veteran; concerned senior citizen.
01:11 PM on 11/23/2011
Sadly, it is all getting worse under a democratic President who I enthusiastically voted for. He promissed to stop the excesses of the prior administration yet it has been much of the same. His heart might be in the right place but the results do not match the campaign rhetoric. True, he has had to deal with an obstructionist party mainly interested in getting his job in 2013. However, he readily extended the Patriot Act without so much as a figth; upped the anti in Afghanistan; aand extended the Bush tax cuts in a bad deal with the Republicans. Now he stands idly by while a concerted effort accross cities and states occurs to squelch the occupiers' movement. Disheartening to say the least.
04:31 PM on 11/23/2011
And what did progressives do to help the president? Nothing but whine and complain. They couldn't even be bothered to get out the vote in the midterm elections, allowing the Tea Party element of the Republicans to gain ground.
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HUFFPOST SUPER USER
aonorat
US Navy Veteran; concerned senior citizen.
12:25 PM on 11/24/2011
To some, what you call whinning and complaining, is called free speech. Not sure what progresseives you are speaking about. Are you talking about the progressives in Congress? Progressive citizens? Who?
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HUFFPOST SUPER USER
blarneydude
I can handle the truth. Now let's talk about you.
09:12 PM on 01/07/2012
He has 15% of his soul left. Nobody else running has trace elements. He's the only chance we have. Somewhat depressing. But true.
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HUFFPOST SUPER USER
JoanMeijer
Author of Relentless: The Search For Typhoid Mary
01:08 PM on 11/23/2011
Robert Reich is brilliant and wonderful and he's saying all the things that we need to hear. We have another thing - we have the vote and if we organize it and use it to correct the direction of the country - first by getting the Do Nothing - Block Everything Republicans in the House and Senate and then demanding a return to the New Deal regulations and job creation we will be doing the most patriotic action we as Americans can do. Are the Dems bad - indeed they are. But they are not as bad - and when we wield the vote they can be scared into doing good even if that's not their inclination.
04:56 PM on 11/23/2011
"Do Nothing - Block Everything Republican­s in the House and Senate "

You mean the same Republican-dominated House of Representatives that has passed over 18 economy-related bills that King Harry in the Senate won't even bring up for debate or a vote?
Those "Do Nothing - Block Everything Republican­s in the House and Senate"???
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HUFFPOST SUPER USER
blarneydude
I can handle the truth. Now let's talk about you.
09:14 PM on 01/07/2012
Them. Stop it. They haven't done anything but obstruct. Economy-related bills that don't do anything but feather the nests of the rich. Come the freak on.
This user has chosen to opt out of the Badges program
12:55 PM on 11/23/2011
Occupy Wall Street chose the right target.

Congress is just the Palace of Puppets.
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HUFFPOST SUPER USER
blarneydude
I can handle the truth. Now let's talk about you.
09:14 PM on 01/07/2012
fanned for the whole truth and nothing but the truth.
12:54 PM on 11/23/2011
We have created a national security state under the guise of being under attack from without. The instruments of that state are now being increasingly used internally to protect the oligarchs who run this country and to deliver propaganda to everyone else through bought-and-paid-for media. As for the future, quality education is more and more dependent on one's ability to pay thus reinforcing the negative trends of our democracy.