This past weekend, over 100 people were arrested for unlawfully occupying Grant Park after it closed. This week, many (including the alderman of the ward) are a little befuddled as to whether or not their arrest was lawful. Well lucky for them, Sho-Nuff is here to set them straight.
It is definitely true that the 1st amendment of the U.S. Constitution forbids the government (both federal and state) from passing laws that deny people within its jurisdiction (not just citizens) the ability to speak freely and/or assemble. However, the government CAN restrict where and when this takes place, particularly when it involves GOVERNMENT PROPERTY. This is no different than if one wanted to stage a protest on my front lawn--I can let them or not, and if I let them I can determine when and for how long they are allowed to stay, and I can use...ahem..."self-help" to remove them from my property.
The arrests did not violate any rights of the citizens. Indeed the police warned occupants that they needed to leave the park within 30 minutes of its closing--setting park hours is the government regulating "when" those under its jurisdiction can peacefully assemble. While we all pay taxes thus making it "our" park and "public property" as the protesters shouted, the government can determine when we're allowed to use it, how we use it, and particularly which sections we're allowed to use, all while not impeding our right to free speech or lawful, peaceful assembly.
So there you have it. Feel free to protest all you want--just do it when the park is open.
Shout OUT!
HAPPY BDAY to Bella Baggins (7/6) and the BIGS (7/13)
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