Question 1

Occupy Wall Street

Occupy Wall Street (OWS) is a protest movement located New York City’s Wall Street financial district. It was initiated by Canadian activist group, HYPERLINK “http://en.wikipedia.org/wiki/Adbusters” o “Adbusters” Adbusters on September 17, 2011 and has led ‘Occupy’ movements and protests around the world. The members of this movement make protests against economic and social inequality, corruption, greed, high rates of unemployment and undue influence of powerful corporations on government, especially those from financial services sector (Fish, 2011). OWS has progressive and independent cable televisions news network that broadcasts internationally (Fish, 2011). It engages in television news punditry, internet activism and street-based social movements. The movement has established camps in different locations. The camps are centers of information, protests and life of the movement.

Though the government of United States has been supporting freedom of speech, it has been against the OWS camps and has dismantled many of them on various grounds (Fish, 2011).

US government made the 1st law amendment that guarantee right of speech and assembly to all citizens including OWS protesters (Cohen, (2010). This amendment helps to promote and encourage free flow of ideas among citizens and to preserve democracy. As a result of the amendment, OWS protesters have a better chance to express ideas and ideals and to uncover truth. OWS protesters will be able to press leaders to be accountable for their actions (Cohen, (2010. As well, this will open the minds of the protesters to different views and ideas. Thus, the 1st law amendment gave US OWS protesters rights whose benefits cannot be underestimated.

The freedom of speech extends to offering protection to maintain parks or camps, as Reisman (2011) points out. This can be illustrated by 1st Amendment law precedence. In 1984, a U.S. Supreme Court in Washington ruled on Clark v. Community Creative Non-Violence case in which the Community Creative Non-Violence, a protester movement petitioned for the right to sleep in National Mall overnight as a way of calling attention to homelessness value (Tedford & Herbeck, 2005). The Supreme Court held that sleeping is a form of speech that deserved constitutional protection. The court held that just like other forms of communication, expressions through sleeping in parks has potential social value (Tedford & Herbeck, 2005). In another case in 2000 which was held in federal court in New York, the judge ruled that the tenants’ advocacy group had right to sleep on sidewalks overnight to protest against proposed increases in rent for rent-stabilized apartments. The judge ruled that sleeping on sideways is a form of expression and constitutes speech. Thus, OWS camps constitute “speech” constitute speech and should be allowed on this basis.

However, the right may be denied in cases where the camps are located in private locations (Ax, 2011). For instance, the federal court denied permission to a union that sought to stage a rally Lincoln Center Plaza in New York in 2000. It was held that the space had historically been used primarily for artistic purposes and thus, it was limited, not public forum. OWS Zuccotti Park is located in a privately owned space which must be open to public all times. The fact that the park is privately owned denies OWS absolute right over the space and may be evicted if the owner decides to do so (Ax, 2011).

References

Ax, J. (2011), Analysis: Is sleeping in Zuccotti Park free speech?, retrieved 19 February 2012

from, http://mises.org/daily/5842/Free-Speech-and-Occupy-Wall-Street

Cohen, H., (2010), Incidental restrictions, Freedom of Speech and Press: Exceptions to the First

Amendment, DIANE Publishing, New York

Fish, A., (2011), The Public Sphere of Occupy Wall Street, retrieved 19 February 2012 from

HYPERLINK “http://savageminds.org/2011/10/30/the-public-sphere-of-occupy-wall-street/” http://savageminds.org/2011/10/30/the-public-sphere-of-occupy-wall-street/

Habermas, J. (1962), The structural transformation of the public sphere: An inquiry into a

category of bourgeois society, Cambridge: MIT Press

Reisman, G., (2011), Free Speech and Occupy Wall Street, retrieved 19 February 2012 from,

HYPERLINK “http://mises.org/daily/5842/Free-Speech-and-Occupy-Wall-Street” http://mises.org/daily/5842/Free-Speech-and-Occupy-Wall-Street

Splichal, S. (1999), Public opinion. Developments and controversies in the twentieth century.

Lanham, MD: Rowman & Littlefield.

Tedford, T. & Herbeck, D. A., (2005), case studies, Freedom of Speech in the United States. 5th.,

Pennsylvania: Strata Publishing, Inc

The World Bank, (not dated), The public sphere, retrieved 19 February 2012 from,

http://siteresources.worldbank.org/EXTGOVACC/Resources/PubSphereweb.pdf