FAIL: OWS And First Amendment Rights

The “Occupy” movement is now two months old, and since I haven’t commented on it yet, I think now would be a good time.

If you ask a supporter of the movement, they’ll tell you that they are exercising their First Amendment rights to peacefully assemble and air their grievances. After considering this very carefully, I disagree.

The “Occupy” movement isn’t just gathering to speak, they’re turning publicly and privately owned property into tent-cities where they are living for extended periods of time. In most cases they don’t have permits, whether that’s because they didn’t ask or because the city government in question waved the permit fees. Crime is running rampant in these Occupy camps, and the people who chant “police are the army of the rich” don’t seem incredibly willing to report these crimes and help catch the criminals.

Zuccotti park in NY city, the birthplace of the movement, is a privately owned park that the protestors took over and essentially trashed over a period of time. Where do their “First Amendment rights” end and the property rights of the park owners begin?


When the Tea Parties put together their rallies, they obtained the necessary permits and, in many cases, parade insurance in case things got out of hand. Some cities required up to $1 million in insurance coverage… and the organizers got the required permits and insurance. The rallies were usually held on publicly-owned (i.e. government-owned) property… such as on the steps in front of the State House here in Montgomery.

That is exercising free speech. The thing to remember is that, though you DO have a right to speak your mind, nobody has an obligation to listen. Nor do they have an obligation to provide you a platform to make your speech. Those protestors who occupied the privately owned Zuccotti Park, for example, are demanding that the owners let them use their private property so that they can “speak.” What do you call it when a horde of people descend on private property, set up residence, and refuse to leave when the owners ask? I call that attempted grand theft, myself… the word “trespassing” doesn’t even begin to describe it. Either way, it’s a crime… that nobody is being prosecuted for.

I fail to see why it takes camping out in a park for a few months to make a political point. And I fail to see why expecting people to obey the laws is somehow denying them their First Amendment right to free speech.

My advice to them is to go home, take a few hundred showers, and write a letter to the editor. Start a blog. Air a few podcasts. Heck, organize a protest rally on the steps of city hall if you like… just get the required permits and stay a reasonable time. Don’t expect them to let you live there for as long as you want to.

In other words, if you want your rights respected, you’d better start by respecting the rights of others.