Federal judges tosses ’5 second rule’ being used to police Ferguson protests
Source: Washington Post
By Wesley Lowery October 6 at 6:30 PM
In the first formal blow to the policing tactics being used in Ferguson, Mo., a federal judge ruled Monday that the 5 second rule a policy being enforced by some officers that required protesters to be moving at all times during demonstrations or be subject to arrest was unconstitutional and violated the protesters First Amendment rights.
The practice of requiring peaceful demonstrators and others to walk, rather than stand still, violates the constitution, U.S. District Court Judge Catherine Perry wrote in the ruling which clarifies that police are still free to use any number of other tactics to manage the crowds that have gathered to protest each night since the Aug. 9 shooting of Michael Brown. This injunction prevents only the enforcement of an ad hoc rule developed for the Ferguson protests that directed police officers, if they felt like it, to order peaceful, law-abiding protesters to keep moving rather than standing still.
From the early days of the protests which have fluctuated from dozens to hundreds on some night, primarily to call for the arrest of Darren Wilson, the officer who shot and killed Brown police have used varying tactics to manage the crowds. In mid-August, some officers began instructing demonstrators of a new, so-called five-second rule, under which protesters were instructed that they must remain moving at all times and that they could not remain still for more than five seconds. Legal observers sent by national organizations quickly decried the rule, and protest leaders insisted that it was an attempt to undermine their right to demonstrate.
Vague rules that are applied in a haphazard fashion tend to increase community tension, said Tony Rothert, legal director of the ACLU of Missouri. Judge Perrys injunction is a huge win for peaceful protesters and those who believe in the rule of law.
Read more: http://www.washingtonpost.com/news/post-nation/wp/2014/10/06/federal-judges-tosses-5-second-rule-being-used-to-police-ferguson-protests/
This is my first LBN.. but, I don't see this posted and thought it was Important.
Good on the ACLU challenging the policy on constitutional grounds.. even though the "top law enforcement officials continue to insist that they never formally instructed officers to carry out such a policy. IOW, it was the product of everyone else's imagination.
Cha
(296,780 posts)That 5 second rule was clearly unconstitutional and the judge got it right.
Cha
(296,780 posts)The lawsuit was filed August 18, 2014..
snip//
"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a weekend of resistance, from Oct. 10 to Oct. 13."
http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police
Cha
(296,780 posts)snip//
"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a weekend of resistance, from Oct. 10 to Oct. 13."
http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police
freshwest
(53,661 posts)Cha
(296,780 posts)or our "lying eyes"?
And, just in time for this, fresh..
snip//
"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a weekend of resistance, from Oct. 10 to Oct. 13."
http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police
freshwest
(53,661 posts)You know, the GOP state house that overruled the Democratic governor and put Rush's bust in the same Hall of Fame with real Americans... They need to go already!
Cha
(296,780 posts)GOP Hall of Fame.. perfect, fresh!
GOTV2014-Ferguson, MO! Michael Brown
dixiegrrrrl
(60,010 posts)So they are using the situation to empower lots of people.
Maybe similar towns be asking crucial questions...hope so.
Orrex
(63,169 posts)Turns out it's much better. Brava to her honor!
sheshe2
(83,637 posts)Brava!
Ya think!!!!!???
May the Justice Department find justice for Michael. I thank U.S. District Court Judge Catherine Perry for her ruling.
Stop cutting off their voices, they have every right to be heard.
Cha
(296,780 posts)and they didn't have a right to peacefully protest standing in the same place.
Just in time..
snip//
"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a weekend of resistance, from Oct. 10 to Oct. 13."
http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police
Michael Brown
sheshe2
(83,637 posts)Every step of the way! Used and abused their power to shut the people of Ferguson up!
Bottom line Darren Wilson shot Michael Brown in cold blood. There is no doubt in my mind, Cha. None!
Thank you to District Judge Catherine Perry for letting the protests continue!
davidpdx
(22,000 posts)It's just too bad that the cops got away with it when they did. They pretty much put a choke hold on Anderson Cooper on camera. That's how little they care about what they are seen doing.
Cha
(296,780 posts)of power. thank you, david.
davidpdx
(22,000 posts)LOL
Should we get the drinks out and buy you a lampshade to wear when you dance on the table?
Cha
(296,780 posts)for the reminder. I saw it the other day and then forgot about it.
davidpdx
(22,000 posts)That's it, I'm throwing ya a party!
Cha
(296,780 posts)freshwest
(53,661 posts)Cha
(296,780 posts)tblue37
(65,215 posts)tblue37
(65,215 posts)davidpdx
(22,000 posts)http://www.democraticunderground.com/?com=view_post&forum=1014&pid=912100
So it's all good. Glad we got that straightened out. Rofl!
Mahalo.. it was quite the fun extemporaneous bash. We use to do that sort of thing all the time during the bush coup.. but now not so much.
sheshe2
(83,637 posts)The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a weekend of resistance, from Oct. 10 to Oct. 13.
http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police
Thank you Cha!
Cha
(296,780 posts)Michael Brown
mimi85
(1,805 posts)Cha
(296,780 posts)mimi85
(1,805 posts)Psephos
(8,032 posts)gopiscrap
(23,725 posts)no wonder just about everybody hates cops!
Cha
(296,780 posts)Melissa @1740testore
Follow
This pic of the amazing & brave women on the front lines, fighting for justice in #ferguson, should be EVERYWHERE!
5:21 PM - 3 Oct 2014 Olivette, MO, United States 296 Retweets 215 favorites
http://theobamadiary.com/2014/10/06/a-tweet-or-two-108/
freshwest
(53,661 posts)Cha
(296,780 posts)Judi Lynn
(160,445 posts)BumRushDaShow
(128,379 posts)And congrats on that first, but very important LBN post!
Cha
(296,780 posts)my last.. but, had to get this great news out here. Good for Ferguson, MO.. Good for America!
BumRushDaShow
(128,379 posts)not. We need all the good news that we can get from everyone who cares. Definitely helps to change the mood!
Feral Child
(2,086 posts)Thanks for posting it.
REC
Cha
(296,780 posts)Feral Child
(2,086 posts)jwirr
(39,215 posts)problem all along has been how the police feel. Their attitudes have been a big part of the problem.
PeoViejo
(2,178 posts)cosmicone
(11,014 posts)Did they have a major recruitment drive in Wasilla?
Gothmog
(144,890 posts)This city is going to lose a number of these rulings
Cha
(296,780 posts)The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a weekend of resistance, from Oct. 10 to Oct. 13."
http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police
Gothmog
(144,890 posts)Cha
(296,780 posts)Gothmog
(144,890 posts)The five second rule never made sense to me
valerief
(53,235 posts)csziggy
(34,131 posts)"We have a constitutional right to rest when we get tired."
DU thread with this video at the time: http://www.democraticunderground.com/10025414590
tblue37
(65,215 posts)protest, even if they are not able to keep walking nonstop for hours!
That 5-second rule would have denied me the right to protest if I had been able to get to Ferguson! I use a cane and cannot stand or walk for more than a few minutes at a time.
csziggy
(34,131 posts)He'd stopped to take a breather and the police surrounding him were trying to force him to move on.
Even if I had taken my scooter, it would have limited how long I could demonstrate since the batteries only hold so much juice. That is not right!
In an interview I saw with some older protestors in Ferguson, one said they thought the police were doing this to wear out the protestors and to keep them from demonstrating sday and night. It's been weeks so I don't remember which cable news I saw that on, but I was sure they were right.
Thanks to the courts for instructing the Ferguson police to stop this practice!
tblue37
(65,215 posts)"We're young, we're strong--we're marching all night long!" They simply refused to knuckle under to those fascist cop tactics.
Cha
(296,780 posts)logosoco
(3,208 posts)Isn't part of the cops job reminding people of their rights when they are arresting someone? Guess it is just words they mumble.