Bill Haslam, Occupy Nashville, and the First Amendment and Article: Point of rage

For many years, I've identified myself as a political moderate who rages against the excesses of the extremes in the political climate. Today was my first experience in expressing my outrage over a specific political injustice, one that was egregious enough to make me begin this blog.

On October 7, 2011, the Occupy Nashville movement began protesting at the Legislative Plaza. For nearly three weeks, these protests proceeded peacefully and without notable incidents. Nevertheless, on October 27, the commissioner of General Services issued a directive that requires anyone wishing to protest on the Legislative Plaza may do so only with a permit between the hours of 9a to 4p, and that a 10p-6a curfew will be enforced there. Indeed, no person may be allowed on the grounds of the Legislative Plaza without (explicit?) authorization from the state of Tennessee. Ostensibly, this measure was enacted due to concerns about public defecation and sexual obscenties. Apparently, Haslam believes this to be a necessary response to a "deteriorating" situation.

The executive branch cites Tenn. Code Ann. § 4-8-101 as the authority to preserve the capitol grounds in this way. However, Article I § 23 of the Tennessee constitution guarantees the right to peaceable assembly, in accordance with the First Amendment of the United States Constitution. Thus, it appears that the executive branch is claiming unconstitutional authority to restrict the freedom of assembly on the Legislative Plaza under the overextended aegis of a relatively narrowly worded statute.

Though theater goers and TPAC attendees have been permitted to occupy this plaza after 10p, the Tennessee Highway Patrol has been ordered by Governor Bill Haslam to arrest protestors in the wee hours of the night on both Friday and Saturday mornings. However, the Hon. Thomas Nelson, the night court magistrate, has refused to sign the arrest warrants. The first night, he refused to sign because the protestors were given inadequate notice about the curfew. On the second night, he refused to sign the warrants because there is no statutory authority for regulating a curfew on the Legislative Plaza.

My wife and I went down to the Legislative Plaza today to explore the movement and the conditions of the plaza. The plaza was clean, and we saw no evidence of defecation, sexual obscenity, or other such evidence of "deterioration". Indeed, the Occupy movement welcomed us and our participation. I even got to run the stack (the queue of comments) for the Legal workgroup and deliver the summary of the Legal workgroup's deliberations to the General Assembly. The group was thoughtful, respectful, and emphasized several times the need for non-violent and non-confrontational civil disobedience. They also made it clear that the plaza should be picked up and kept clean. We donated some garbage bags to that effect, and we'll likely provide more in the coming days.

The Occupy Nashville has become more than a movement against corporate personhood, against money in politics, and in support of the Occupy Wall Street movement. It is now a stand for the freedom of expression guaranteed by our state and federal constitutions. It has become more than a movement for the 99% of the bottom of the income distribution. It is now a stand for the 100% who deserve the freedom to demand redress from their government's oppressive strictures.

I rage against the restriction of freedom of assembly.