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Timothy Karr

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Mayor Bloomberg's First Amendment Problem

Posted: 11/21/11 08:50 AM ET

Since the beginning of his crackdown against the Occupy Wall Street movement, Mayor Mike Bloomberg has gone to great lengths to present himself as a champion of the First Amendment. But the free speech rhetoric coming from City Hall hasn't matched the brutal reality experienced by journalists at the front lines of the protest.

In the two months since the movement began 25 journalists have been arrested covering events across the country. More than half of these arrests have occurred in New York City, including 13 journalist arrests in the last week.

My colleague Josh Stearns, who maintains a running tally of media arrests and harassment, said that the NYPD's early morning raids on Zuccotti Park on November 15 resulted in the "single worst day for journalist attacks and arrests to date."

"From the beginning, I have said that the City had two principal goals," Mayor Bloomberg said in a statement following the raids, "guaranteeing public health and safety, and guaranteeing the protestors' First Amendment rights."

Regarding the rights of reporters covering the Occupy protests, the Mayor is less clear.

AFP reporter Jennifer Weiss films her own arrest
His police department has worked in coordination with other departments around the country to prevent journalists from covering Occupy evictions. News crews, reporters and photographers have been herded away during police actions in Portland, Oakland and New York City.


Police have kettled others into "Free Speech Zones" -- barricaded and controlled areas where journalists are kept far from the action.

Mayor Bloomberg said the police kept the media at a distance "to prevent a situation from getting worse and to protect members of the press." But according to the New York Times, one journalist told a police officer "I'm press!" and the officer just responded "Not tonight."

Many journalists who remained on the front lines were arrested, roughed up, tear-gassed or pepper sprayed. New York police put one New York Post journalist in a choke hold; Daily Caller reporter Michelle Fields was hit and forced to the ground; Lucy Kafanov of RT was struck with a baton; and countless others have been shoved and harassed. In October, Kafanov reported that police were using high-powered strobe lights to blind news and cellphone cameras and block people from recording their actions.

On Friday the mayor's office disputed our account of these violent arrests and harassment. His spokesman Stu Loeser tried to dismiss the notion that the police arrested so many or acted inappropriately saying that only five of the journalists arrested actually had NYPD-issued press credentials.

But a great number of journalists working in New York City, including myself, don't bother to submit ourselves to the NYPD's "Kafkaesque" credentialing process. Others don't recognize the NYPD's authority to determine who qualifies as a working journalist and who does not. It's likely the credentialing process itself would not survive a First Amendment challenge.

In any event, one NYPD detective admitted to Wired's Ryan Singel that the department doesn't intend to provide any press passes to journalists wishing to cover the Occupy movement.

All of this point to profound problems with the ways City Hall regards the media. As the former head of a press organization, you'd think Mayor Bloomberg would know better.

Before he again wraps himself in the First Amendment, New York's mayor needs to fully account for the trampling of these rights by his police.

 

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10:53 AM on 11/25/2011
han anyone who shut down a peaceful protest every been right?
littlebiggy.org/3653047
08:15 PM on 11/22/2011
Four legs bad two legs good.
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HUFFPOST SUPER USER
Joshua Sager
Progressive and Abrasive
03:30 PM on 11/21/2011
Link to a video compilation and analysis of severe police brutality at Occupy locations ( SOME VIDEOS ARE NOT APPROPRIATE FOR CHILDREN). Please spread this link around so that people see the overreactions of the police:

http://sarcasticliberal.blogspot.com/2011/11/occupy-usa-worst-police-brutality-cases.html

Not all police are violent and sadistic, such as these, but we must hold the vicious accountable, whether or not they wear a badge.
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CSDofNM
I speak lolcat
02:33 PM on 11/21/2011
With all due respect Mr. Karr, Mayor Bloomberg has no first amendment problem.

The people who have the problem are the journalists. If they refuse to document the unconstitutional behavior, and they refuse to sue for the unconstitutional behavior, then they have no right they actually want to protect.

Yes, its horrible that this can happen in America.

But all it takes is enough good men and women to do nothing, for the forces of evil to triumph in the world....
JStading
Trust me, I'm an attorney...
01:55 PM on 11/21/2011
Bloomberg's version of America is one of class division. He denies 1st, 2nd, and 4th Amendment rights to the poor while granting them to the wealthy and well connected. He's dangerous.
This user has chosen to opt out of the Badges program
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12:48 PM on 11/21/2011
First of all... RIOTS & MOB behavior, ARE NOT FREE SPEECH.
These people, and our elected officials have made a complete FARCE of our RIGHTS!!! YOUR Rights, end where mine, begin. Closing bridges and roads?? When innocent victims of your whims..are trying to go to work, or a mom, home to her sick children?? ISNT RIGHT!! Also, you DONT OWN/OCCUPY Real Estate you didnt purchase. The entitlement agenda /mentality, has gone way past logic or, REALITY.
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Add In Canadia
Egotism is a weakness
01:57 PM on 11/21/2011
Strange, this article is about how the press has been suppressed, so I'm not sure why you are talking about rioting or mobs.

If you take no issue about how journalists are being prevented from covering events that happen within the country then what else is there to say other than "Enjoy your freedoms while they last."
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HUFFPOST SUPER USER
victorlove1
I Build I Create I Play I Am
02:33 PM on 11/21/2011
You also have the right to shut up.

Republicans are the last people on earth to claim to have any logic and are so far removed the the general populations "reality" to offer up any criticism of the left, or the population as a whole.

The lines are divided between the working class and the rich, who fired the first salvo and when the "people" started to push back, claimed that we aren't following the rules of the game, which were: crush all who dare stand in the way of corporate profits.
You don't have the numbers to win a war of attrition.
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INVet
Truth has a liberal bias
12:19 PM on 11/21/2011
Our Constitution and our way of life is under attack by the 1%!
Where is the Justice Department?
Where is the FBI?

Where is justice?

Keep it up OWS!


And for the NYPD - you shame yourselves and shame the memory of 9/11!
LeanLeftAmerica
All generalizations are false, including this one
11:54 AM on 11/21/2011
OWS - You are doing a tremendous job

- the worst that the cowards can say of you is that you need a bath.
- that in itself is a great testimony to your efforts
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Tom Weidermeijer
If you're easily offended... try to laugh more : )
12:15 PM on 11/21/2011
I agree.

When the 0.01%ers are trying to shut you down, you KNOW your message is coming through.

His attempt to stop OWS will only make the movement stronger.

Keep up the good work.
12:54 PM on 11/21/2011
The fact that they need a bath causes the rest of us to dismiss them entirely.
HUFFPOST SUPER USER
ultrawiz
Holding the Middle Ground
02:44 PM on 11/21/2011
A little clue: Standing up to the plutocracy for our freedoms is a dirty job.
gaudeamus
igitur juvenes dum sumus
11:49 AM on 11/21/2011
"As the former head of a press organization, you'd think Mayor Bloomberg would know better."

He may know better but his actions suggest that he holds such knowledge in disdain. Maybe his prime objective in that former position was more the paycheck than the concept of a free press.
HUFFPOST COMMUNITY MODERATOR
jeb50
Retired.
11:33 AM on 11/21/2011
Trying to kill the message by gagging the messenger.
10:31 AM on 11/21/2011
Why can't demonstraters do their thing without inconveniencing the rest of us?

The Tea Party bought permits, held a day rally, and cleaned up after themselves. You may not like the Tea Party message, but you know what it is, and you didn't have to miss work, pay millions in police overtime, and worry about crime and filth.
10:46 AM on 11/21/2011
"Crime and filth" are right-wing fantasies of what left-wing demonstrations are like. And no one has missed work because of OWS. Grow up.
HUFFPOST COMMUNITY MODERATOR
jeb50
Retired.
11:34 AM on 11/21/2011
These nicklers haven't had a foot in reality for some time.
12:55 PM on 11/21/2011
Don't forget about all of the hypodermic needles that were collected from the park clean up. Nothing like that at the tea party rallies though.
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HUFFPOST SUPER USER
INVet
Truth has a liberal bias
12:21 PM on 11/21/2011
Stop watching Fox News! The OWS group scrubbed the park - literally hand scrubbed - and then were beaten and pepper sprayed hours later.
10:04 AM on 11/21/2011
Well at least he is consistent. He does not like the Second Amendment either !
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HUFFPOST SUPER USER
hoover52
Tickle me blue
09:37 AM on 11/21/2011
Mayor Bloomberg . . . besides being a huge hypocrite, he is also of the 1% and will go to any lenghts to protect his own interests. BUT! He will eventually have to deal with his karma . . . I wouldn't want to stand in his shoes . . . .EVER
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Tom Weidermeijer
If you're easily offended... try to laugh more : )
12:18 PM on 11/21/2011
Worse. He is part of the 0.01% or even 0.001%ers.
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HUFFPOST BLOGGER
stack
USW Blogger
09:24 AM on 11/21/2011
The First Amendment rights of reporters violated by Mayor Bloomberg are the First Amendment rights of the Occupiers as well.
12:55 PM on 11/21/2011
Let us know how the lawsuit turns out OK?
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artfish
Searching for true news
09:22 AM on 11/21/2011
I thank all journalists who are shining a light on the Occupy movement. The people of America are fed up and screaming for economic justice. Reporters take heart and keep trying to spread the truth. We need you.