Abrams said the protesters, by successfully bringing public attention to their message of corporate greed and economic inequality, have exercised their First Amendment rights. “What they can’t do is go over the line in what is essentially a seizure by them of public property …. with no limitations.’’
Not everyone agrees. The American Civil Liberties Union has filed lawsuits — and in some instances, won temporary restraining orders — on behalf of Occupy activists in such places as Nashville, Oakland, Calif., and Trenton, N.J.
“There is no such thing as a beginning, middle and end to free speech rights,’’ said ACLU executive director Anthony Romero. “The right … doesn’t toll after a certain time period.’’
Romero also said it’s hypocritical to try to limit the duration of protests “when we celebrate the occupation of Tahrir Square (the site of anti-government protests in Cairo). Certainly no one was citing the Egyptians for their overnight, multi-day protests. We ought not to criticize the Occupy movement for demonstrating their points of view with similar zeal.’’
The judge’s decision Tuesday was the latest development in a growing national drama that began when a community of bed rolls and tents sprang to life in a park near Wall Street nearly two months ago. The movement has spread across the country, and taken with it a tangle of legal, constitutional and public relations problems for city officials.
In his ruling, New York state Supreme Court Justice Michael Stallman said protesters “have not demonstrated that they have a First Amendment right’’ to remain in the park, with their sleeping gear “to the exclusion of the owner’s reasonable rights … or to the rights to public access of others who might wish to use the space safely.’’
On Tuesday night, protesters were allowed to return — but without tents or sleeping bags.
