Freedom of Assembly at the Republican... Assembly

Massive police raids on suspected protestors in Minneapolis

Several of those who were arrested are being represented by Bruce Nestor, the President of the Minnesota chapter of the National Lawyers' Guild. Nestor said that last night's raid involved a meeting of a group calling itself the "RNC Welcoming Committee", and that this morning's raids appeared to target members of "Food Not Bombs," which he described as an anti-war, anti-authoritarian protest group. There was not a single act of violence or illegality that has taken place, Nestor said. Instead, the raids were purely anticipatory in nature, and clearly designed to frighten people contemplating taking part in any unauthorized protests.

Nestor indicated that only 2 or 3 of the 50 individuals who were handcuffed this morning at the 2 houses were actually arrested and charged with a crime, and the crime they were charged with is "conspiracy to commit riot." Nestor, who has practiced law in Minnesota for many years, said that he had never before heard of that statute being used for anything, and that its parameters are so self-evidently vague, designed to allow pre-emeptive arrests of those who are peacefully protesting, that it is almost certainly unconstitutional, though because it had never been invoked (until now), its constitutionality had not been tested.

Federal government involved in raids on protesters

So here we have a massive assault led by Federal Government law enforcement agencies on left-wing dissidents and protesters who have committed no acts of violence or illegality whatsoever, preceded by months-long espionage efforts to track what they do. And as extraordinary as that conduct is, more extraordinary is the fact that they have received virtually no attention from the national media and little outcry from anyone. And it's not difficult to see why. As the recent "overhaul" of the 30-year-old FISA law illustrated -- preceded by the endless expansion of surveillance state powers, justified first by the War on Drugs and then the War on Terror -- we've essentially decided that we want our Government to spy on us without limits. There is literally no police power that the state can exercise that will cause much protest from the political and media class and, therefore, from the citizenry.

Beyond that, there is a widespread sense that the targets of these raids deserve what they get, even if nothing they've done is remotely illegal. We love to proclaim how much we cherish our "freedoms" in the abstract, but we despise those who actually exercise them. The Constitution, right in the very First Amendment, protects free speech and free assembly precisely because those liberties are central to a healthy republic -- but we've decided that anyone who would actually express truly dissident views or do anything other than sit meekly and quietly in their homes are dirty trouble-makers up to no good, and it's therefore probably for the best if our Government keeps them in check, spies on them, even gets a little rough with them.

After all, if you don't want the FBI spying on you, or the Police surrounding and then invading your home with rifles and seizing your computers, there's a very simple solution: don't protest the Government.

This is why we need judicial review. I know there are people on my friends list who don't like the idea of the Judicial branch "making law," since that's the Legislative branch's job. However, the Judicial branch is here to evaluate laws that are brought to them and determine whether they're Constitutional or not. If they're not, the Judicial branch has the legitimate power to strike down those laws, effectively changing our legal code by ruling that certain parts of it should never have been passed.

By what understanding of the First Amendment is this crap okay? Our courts had better do their damned jobs here, even if it gets them labelled "activist judges." This shit, now that it's been invoked and can be challenged, needs to be thrown out and America needs to take a good hard look at itself, wondering how we let ourselves come to this.