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Occupiers Occupied: The Hijacking of the First Amendment

Posted: 11/16/11 12:26 PM ET

A funny thing happened to the First Amendment on its way to the public forum. According to the Supreme Court, money is now speech and corporations are now people. But when real people without money assemble to express their dissatisfaction with the political consequences of this, they're treated as public nuisances and evicted.

First things first. The Supreme Court's rulings that money is speech and corporations are people have now opened the floodgates to unlimited (and often secret) political contributions from millionaires and billionaires. Consider the Koch brothers (worth $25 billion each), who are bankrolling the Tea Party and already running millions of dollars worth of ads against Democrats.

Such millionaires and billionaires aren't contributing their money out of sheer love of country. They have a more self-interested motive. Their political spending is analogous to their other investments. Mostly they want low tax rates and friendly regulations.

Wall Street is punishing Democrats for enacting the Dodd-Frank financial reform legislation (weak as it is) by shifting its money to Republicans. The Koch brothers' petrochemical empire has financed, among many other things, candidates who will vote against environmental protection.

This tsunami of big money into politics is the real public nuisance. It's making it almost impossible for the voices of average Americans to be heard because most of us don't have the dough to break through. By granting First Amendment rights to money and corporations, the First Amendment rights of the rest of us are being trampled on.

This is where the Occupiers come in. If there's a core message to the Occupier movement it's that the increasing concentration of income and wealth poses a grave danger to our democracy.

Yet when Occupiers seek to make their voices heard -- in one of the few ways average people can still be heard -- they're told their First Amendment rights are limited.

The New York State Court of Appeals along with many mayors and other officials say Occupiers can picket -- but they can't encamp. Yet it's the encampments themselves that have drawn media attention (along with the police efforts to remove them).

A bunch of people carrying pickets isn't news. When it comes to making views known, picketing is no competition for big money .

Yet if Occupiers now shift tactics from passive resistance to violence, it would spell the end of the movement. The vast American middle class that now empathizes with the Occupiers would promptly desert them.

But there's another alternative. If Occupiers are expelled from specific geographic locations the Occupier movement can shift to broad-based organizing around the simple idea at the core of the movement: It's time to occupy our democracy.

 
 
 

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A funny thing happened to the First Amendment on its way to the public forum. According to the Supreme Court, money is now speech and corporations are now people. But when real people without money as...
A funny thing happened to the First Amendment on its way to the public forum. According to the Supreme Court, money is now speech and corporations are now people. But when real people without money as...
 
 
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09:39 AM on 11/18/2011
Ever heard "Put your money where your mouth is?" If someone plows millions of dollars into advancing an idea, that's evidence FOR the idea, not against it.
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HUFFPOST SUPER USER
Sagrimore
They can never take my panache
10:17 PM on 11/18/2011
And if the money is effectively bribery?

And if the "idea" is for their congressional muppets (think about it) to repeal environmental and safety regulations to create extra profits for their corporate masters at the cost of the health and even the lives of the rest of us?
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HUFFPOST SUPER USER
CaptainRenault
Here to keep an eye on the rascals.
02:48 PM on 11/19/2011
Good counterpoint.

F/F.

^ ^
HUFFPOST SUPER USER
fastronaut
Something witty
10:34 PM on 11/20/2011
I'm still trying to figure out what you mean. I mean, I think I know what you think you mean, but your sentence doesn't say anything if you consider it an actual argument.
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cromag
two parties is the problem
11:19 PM on 11/17/2011
I can't believe so many people think this breaks down into neatly divisible party lines.
Both are owned by the big money and do not want any kind of spectacle calling their actions into questions. the one thing they both do want is the unwashed masses fighting over the scraps and with each other.
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HUFFPOST SUPER USER
Spaceman Eddie
Unfair to the Imbalanced
11:28 AM on 11/17/2011
Individual "Liberty" and "Freedom" are not absolutes. For without limits, you have "anarchy".

To illustrate this, Orwell used a traffic circle metaphor. If a single driver drives too fast or stops, he has affected the freedom and liberty of the other drivers.

The Preamble of the Constitution clearly outlines the role of the US government to 1) establish justice, 2) insure domestic tranquility, 3) provide for the common defense, 4) promote the general welfare, and 5) secure the blessings of liberty to ourselves and our posterity.

It is clear that this SCOTUS and the current Congress of game-fixers and economic saboteurs favors (3) at the expense of the other four, while purloining the flag, religious symbols, and constitutional covenants for their own self-interests.
06:06 PM on 11/17/2011
The Preamble does not outline the ROLE of the the US government. A preamble outlines the purpose or intention for which what follows (the body of the constitution). It is the articles in the body that define the role, structure and limitations of the federal government.

As a statement of intent, the preamble does not have the force of law, as do the articles - it is subject to far to many broad interpretations. If, for instance, "promote the general welfare" was a statement of the legal power of the federal government, no articles would have been necessary - the government could just do whatever it chose to define as promoting the general welfare.
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JubalTHarshaw
Just Passing Through...
08:09 AM on 11/18/2011
OK. Can you at least admit that rights do not exist in a vacuum and that they come with responsibilities? The First Amendment does not grant one the right to violate other laws that the remainder of us must obey. It does not allow you to camp or urinate in a public park. It does not grant you the right to ignore the criminal code of the City and State in which you choose to express your opinion. Oliver Wendell Holmes explained the limitation succinctly when he cautioned that freedom of speech does not extend to yelling "Fire!" in a crowded theater. If OWS is a legitimate organization, engaged in legitimate protest, when will it step up and accept the bill for the cost of policing them and cleaning up after them?
07:51 PM on 11/17/2011
Saying that rights aren't absolute doesn't justify an enormous abridgement of them.
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HUFFPOST SUPER USER
sposton
right to tell what they don't want to hear
10:40 AM on 11/17/2011
Without economic independence there is no freedom. Working for corporations as wage slaves diminishes us as citizens. Add to that consumerism brainwashing, indebtedness, and deliberate dumbing down through our education. Our political heritage is of a people who were economically independents (excluding slavery). Progressives were supposed to offer solutions to the problems arising from the lack of economic independence. The deal was for us to cede all powers of decision making in return for a more paternalistic state which would take care of us.

Of course, all of this historical perspective is now totally lost. Conservatives and Libertarians just want to kill everything related to the welfare state believing that if they only do this we will once again become citizens! They don't understand that welfare state arose for a reason and that without tackling those reasons first, eliminating the welfare state will just make things even worse. Progressives no longer know the reasons for their positions - they just do it instinctively. If Conservative are against the big government they must be for it!

All of this is a result of a deliberate manipulation of American people by globalist establishment. They are followers of Hegel; they skillfully use the Hegelian dialectic to make the state (them) the supreme entity in our society. That is why the "state" (government) grows regardless which "party" is in power. We Americans have allowed foreign ideologies to fundamentally change us. The proof of this is all around us. From citizens to mere subjects.
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12:25 PM on 11/17/2011
Well said; though growth of the state in terms of the MIC, corporate promotion, and cronyism is not an equivalent pathology to growth in programs that arose to offset the resulting inequities.
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JubalTHarshaw
Just Passing Through...
04:33 PM on 11/17/2011
In a democracy (or Republic) the people always get the government that they deserve. Most of our ills can be laid at the feet of an apathetic and ignorant electorate. Most voters couldn't pass the basic civics test that we require prospective citizens to pass. A frightening number of people don’t know who their Members of the House are even if they have some vague notion of who their two Senators are. That presupposes that they know that they have two Senators…
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HUFFPOST SUPER USER
sposton
right to tell what they don't want to hear
06:16 PM on 11/17/2011
Yes, people are ultimately responsible. But don't forget that these same people have been deliberately dumbed down by education, made susceptible to propaganda. Moreover, only economically independent people can truly be free. A critical mass of generations of Americans have been wage slaves and are heavily indebted to banks. While one can always say this is their fault one cannot ignore that it is a part of a deliberate system which is working against the people. There is more to this than it can simply be fixed by elections.
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JubalTHarshaw
Just Passing Through...
08:30 PM on 11/17/2011
Do you think that OWS supporters are going to start “occupying” the homes of the middle class who don’t support them and demand that they be removed? No, we will hear a lot of wailing and gnashing of teeth and most of these “occupiers” will slink home to tell tall tales of their “bravery.”
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HUFFPOST SUPER USER
Craig Bovia
Vermont, 1791, women can vote, no slavery allowed
10:38 AM on 11/17/2011
Time to occupy the supreme court, the House and McConnell and his useless bunch. Time to go to Washington and stay there until we get back OUR Government. They don't own just because they can buy it.
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JubalTHarshaw
Just Passing Through...
04:34 PM on 11/17/2011
Try voting for a change...
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HUFFPOST SUPER USER
Craig Bovia
Vermont, 1791, women can vote, no slavery allowed
04:58 PM on 11/17/2011
What a great idea. Why didn't I think of that.
That's the best you have to offer???
Scalia and his gang stole the 2000 election. Don't have a lot of faith in elections.
I'll bet I have voted more consistently than you.
09:30 PM on 11/18/2011
Let's start an Occupy Supreme Court movement right here, Craig. First demand: Reverse Citizens United!
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HUFFPOST SUPER USER
Craig Bovia
Vermont, 1791, women can vote, no slavery allowed
11:44 AM on 11/19/2011
We can start with Americans for Prosperity.
HUFFPOST SUPER USER
Kye154
10:31 AM on 11/17/2011
I think the Occupiers of Wall Street have to go further to be really effective, rather than just having sit-ins in the park. They must actively disrupt the Wall Street Market activities. What really gets Wall Street attention, is when you affect their pocketbook. Shut Wall Street down, by means of disrupting trade, or turning away their customers, or even shutting down communications and power off from the buildings. When Wall Street starts loosing billions of dollars in trade, they will give up acting so arrogant towards Americans.
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JubalTHarshaw
Just Passing Through...
04:35 PM on 11/17/2011
So you are advocating a criminal conspiracy that will allow them to run afoul of the Patriot Act? Please go spread your message to the OWS crowd ASAP...
10:13 AM on 11/17/2011
Occupy Chicago doesn't have a permanent encampment, yet has been making a difference.
http://www.huffingtonpost.com/mark-cassello/occupy-chicago-scores-vic_b_1094088.html?ref=chicago
09:36 AM on 11/17/2011
I love the petty and un-informed comments that are being allowed here.
The 'Bill of Rights' does not require a paid off judge to 'interpret' them to the citizenry.
If it takes 2 months of having a mass of citizens sitting in a park to get your point out if not across, then so be it.
There is no time limits in the 'Bill of Rights' and the 1% can not be allowed to install any either.
'Safety', 'Health Hazard',... Where are these police with these trumped up charges when non-living corporate beings are actively destroying the environment that we the living, breathing, humanity have to continue to living in.
I could go on with this screed against corporate oligarchy but as a DBA I've got to get back to work.
09:45 AM on 11/17/2011
Trumped up charges? Hardly.

People were getting sick at Zuccotti. It was clearly a health hazzard. The place was a physical disaster.
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Protocolor
Have maths, will travel.
10:28 AM on 11/17/2011
So you're saying that the protesters are being clubbed and maced for their own good! It's all about their health!

Lol!
10:31 AM on 11/17/2011
And who's fault is that besides the city government's?
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JubalTHarshaw
Just Passing Through...
04:37 PM on 11/17/2011
It would seem that you suffer from all of the ills of arrogance and ignorance that you accuse sane people of suffering from. Seek help. Rights don't exist in a vacuum; even when being pondered in your head...
05:44 PM on 11/17/2011
Thank you for the wonderful example of what I was pointing out.
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homer winslow
Truth in Beauty, Beauty in Truth
09:24 AM on 11/17/2011
If money is speech, the best way to fight them is to make them waste their money fighting us. The overreaction by the police in every city is costing the cities dearly in overtime pay while removing police protection from other ares. The more they harass the protestors, the more it will cost them. The protests are galvanized by the police brutality, drawing more people each day. Eventually, the cities will realize that they can't sustain the force against the protestors without going broke.
09:02 AM on 11/17/2011
In America today "Corporations are the same as people", "Money is free speech", Protesting against these elitist scams gets a person beaten and arrested. Screwed up backward country? You betcha!!
07:54 PM on 11/17/2011
Nobody said corporations are the same as people.
The speech rights of corporations have nothing to do with whether they are "people" or not.
Money spent on speech is certainly speech, just like any other money spent on a right.
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HUFFPOST SUPER USER
midwestgirl1960
09:02 AM on 11/17/2011
Time for every worker to just sit down and nothing moves in the way of commerce we hit them were it hurts the most for little piggies like them make them lose money.

Time to stop commerce from moving.
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HUFFPOST SUPER USER
re-elect clinton
23 million jobs in 8 years!
09:37 AM on 11/17/2011
Sit down strikes are against the law.
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HUFFPOST SUPER USER
midwestgirl1960
10:01 AM on 11/17/2011
I am not saying sit down I say just stop the machine from running if the bess stop working THAT MEANS ALL OF US they can not put us all away.
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HUFFPOST SUPER USER
midwestgirl1960
10:04 AM on 11/17/2011
Oh and If it was not for Clinton (I liked the guy otherwise) we would not have had NAFTA nor would we have had the repeal of the Glass steagall act. he should have vetoed both. That kept banks from doing what they did during the Bush years and what they can still get away with today.
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Protocolor
Have maths, will travel.
10:22 AM on 11/17/2011
Unfortunately, we have a fair amount of organizing to do before we can pull off anything like that. General strikes don't call themselves and millions of Americans aren't going to hit the picket lines in a coordinated industrial action just because it's a good idea and a couple bloggers call for it. You need organized labor backing you 100% first. That's tough because the leadership of most of the unions are soft, timid folk who like rubbing shoulders with the rich and who believe everything is negotiable and are willing to compromise on all of it to avoid conflict (kinda like Obama). Even if the rank and file of the unions are gung-ho for a strike, these weak leaders will cravenly sabotage it to avoid conflict and risk.

To call an effective general strike, you need the unions on your side. To get the unions, you need to transform them back into combat units of the class struggle. To transform the unions you need to help the union members replace their leadership with unashamed class fighters. Since union leadership roles are all elected positions but suffer from the same problem as regular political positions in that incumbents have an advantage in elections, to get fighters elected you need to agitate among the union rank and file. To agitate among the union rank and file, you really need to be a union member yourself.

See? Much work to be done.
07:55 PM on 11/17/2011
Union leaders are huge class fighters already.
Bellla
Trans & Proud
08:40 AM on 11/17/2011
So the Occupiers "loose" if they resort to violence. Why don't the police who assault peaceful protesters "loose" when they beat people and schpritz them with chemicals?
Tell me that 80 year old grannie was a threat to public order! Tell me how she was such a violent danger to the police! I don't see any OWS violence, all I see is the police thuggery.
Strangely enough, the police are having their unions and bennies threatened, why aren't they guarding the occupiers and joining the march? Instead they seem to be revelling in violence!
09:00 AM on 11/17/2011
If OWS behaved the way the civil rights movement always has behaved, Good Lord how people would listen. Instead they've trashed the park they lived in, just watched as drugs were used and over used, put up with larcenies, vandalisms, and sexual assaults.

If you're looking for sustained public support, and OWS should be, this is no way to run a protest.

But I don't think enough of the OWS protesters have what the civil rights protesters had in them.
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homer winslow
Truth in Beauty, Beauty in Truth
09:27 AM on 11/17/2011
Why aren't the vets who were sent to fight for freedom for others in Iraq and Afghanistan on the front lines of the protests? When Vietnam Vets organized and joined the anti war movement it was a big step forward in ending the war. These vets took an oath to defend the constitution. The constitution is being violated so if they do not step up, they are violating that oath.
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HUFFPOST SUPER USER
Sagrimore
They can never take my panache
10:45 PM on 11/18/2011
The guy in Oakland who was put in the hospital with a fractured skull was a vet.
08:33 AM on 11/17/2011
Money gives everyone interested access to media, where today so much free speech is disseminated. And corporations are owned and operated by people, and those particular people make ALL the decisions within those corporate entities. The Supreme Court was right in their decision.

Where corporations put their money relative to politics ought to be not only freely accessable to everyone, but should be printed in newspapers, commented upon on television, and available on blogs like HP. We should be allowed to be aware of who and what corporations, through this avenue, throw their support for - and against.
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HUFFPOST COMMUNITY MODERATOR
iskra
Natural enemy of sharks and tro//s
09:18 AM on 11/17/2011
Corporations are 'artificial' constructs by law and while they may be run by people, they're not people. The people within the company are free to contribute to the political discussion as they wish, but the corporation itself should not be. It is not a citizen, it's a legal construct.

Having said that, the most disturbing aspect is the funneling of secret money through PAC's and SuperPAC's that allows the donors to remain secret. So to your point, we should be aware of who is giving money to candidates. 

If we can't get limits on contributions perhaps we can get some transparency into contributions?
09:25 AM on 11/17/2011
I understand your first argument and there is rationality to it. That's why it was such a close call in the Supreme Court.
10:17 AM on 11/17/2011
If corporations are people, corporations should be able to be sent to prison and executed.
08:31 AM on 11/17/2011
THE American government has voiced support for many occupations and demonstrations around the world this year, especially the Arab Spring revolutions (when they haven't threatened the profit margins of American corporations and the U.S. military-industrial complex, as in Bahrain). But here, in the U.S.A., the Occupy Wall Street movement is under attack by local, state and federal government agencies. It would seem freedom, civil liberties and human rights don't apply here when actual practice of these rights are a threat to the profits of the American financial cabal and corporate America. The PCJF and the NLG are fighting back to expose our governments abuse of our freedoms and civil liberties.....http://www.justiceonline.org/
claraluz
Per aspera ad astra!
10:33 AM on 11/17/2011
Well yes. our govt. is all for democracy and democratic exercise of the right to protest by citizens, AS LONG AS IT Is NOT IN THIS COUNTRY, because if on America soil, political protest becomes "hooliganism". The current bought-and-paid for politicos probably would have arrested those who started the Revolution against the Brits.
strangiato
Ha Ha...Charade You Are
08:01 AM on 11/17/2011
Hijacking of the White House, hijacking of the Judiciary, hijacking of Congress, hijacking of the Constitution, hijacking of the press - now that everything's hijacked - our masters can focus on creating new institutions like forced labor and out right slavery. After all, we have to be able to "compete" with India and China.

The goal of America used to be to build up the standard of living of its people and that of other nations around the world. Now it seems intent on leading the race to the bottom.