Free Speech And the Nationwide “ Occupy ” Movement
We got the news this week: Occupy Trenton will not be moved. A Superior Court judge ruled on Monday that the protesters can stay at Veterans Park, and ordered the police to return all of the occupiers’ possessions that were seized during the Oct. 14 attack on free speech in Trenton. This was just the latest victory in a series of successful ACLU efforts around the country to defend the crackdown on free speech expressed in the nationwide “Occupy” movement. We’re asking you to add your voice to an open letter to mayors across America urging them not to crack down on the constitutional rights of protesters.
Here’s what led to our lawsuit in Trenton: Starting Oct. 6, Occupy Trenton began its peaceful protest in Veterans Park, across the street from the Statehouse. On Oct. 13, the state’s Department of Military and Veterans Affairs issued a letter with new rules barring protesters from having items such as coolers, camping gear, & anything
considered “unattended.” The state thwarted due process by imposing rules specifically for one group of protesters. These rules did not exist before the Occupy Trenton protesters arrived.
On Oct. 14, state officials seized protesters’ property, including signs, medicine, laptops, computer equipment and generators, defining “unattended” loosely – anything farther out of reach than arm’s length. This week, Superior Court Judge Mary Jacobson granted a temporary restraining order against the hastily created rules, protecting protesters’ free speech rights, freedom from unreasonable seizures, and their ability to stay in the park continuously.
The decision stated:
“What occurred at Veterans Park, and the repetition of that conduct that the defendants continue to threaten, is, quite simply, a blatant violation of the New Jersey Constitution’s protections of property.” The fight over constitutional rights is still not over. Although the court issued the temporary restraining order, the lawsuit against the state will continue. On Dec. 19, the ACLU-NJ goes back to court once again to defend the protesters fundamental rights. In the meantime, we need your help send a strong message to mayors in New Jersey and America: our speech isn’t free if we’re not free to use it.
ACLU of New Jersey
www.aclu-nj.org
Here’s what led to our lawsuit in Trenton: Starting Oct. 6, Occupy Trenton began its peaceful protest in Veterans Park, across the street from the Statehouse. On Oct. 13, the state’s Department of Military and Veterans Affairs issued a letter with new rules barring protesters from having items such as coolers, camping gear, & anything
considered “unattended.” The state thwarted due process by imposing rules specifically for one group of protesters. These rules did not exist before the Occupy Trenton protesters arrived.
On Oct. 14, state officials seized protesters’ property, including signs, medicine, laptops, computer equipment and generators, defining “unattended” loosely – anything farther out of reach than arm’s length. This week, Superior Court Judge Mary Jacobson granted a temporary restraining order against the hastily created rules, protecting protesters’ free speech rights, freedom from unreasonable seizures, and their ability to stay in the park continuously.
The decision stated:
“What occurred at Veterans Park, and the repetition of that conduct that the defendants continue to threaten, is, quite simply, a blatant violation of the New Jersey Constitution’s protections of property.” The fight over constitutional rights is still not over. Although the court issued the temporary restraining order, the lawsuit against the state will continue. On Dec. 19, the ACLU-NJ goes back to court once again to defend the protesters fundamental rights. In the meantime, we need your help send a strong message to mayors in New Jersey and America: our speech isn’t free if we’re not free to use it.
ACLU of New Jersey
www.aclu-nj.org
