General Discussion
In reply to the discussion: Occupy Wall Street Banned From Democratic National Convention [View all]sabrina 1
(62,325 posts)Everything is not free speech. But would you say that a soldier, when he is sleeping in a tent while at war, is not at war while he is sleeping? Only when he is awake?
In a few of the court rulings that were in favor of the occupiers judges stated a concern that when operating 'under the umbrella of the 1st Amendment, applying local ordinances may be violating the Constitutional rights of the occupiers'. Iow, the Constitution trumpts local ordinances.
People sleep in tents during the day when camping. Does that mean they are not really camping when getting some rest during the day?
The question is not whether they are sleeping or not. The question is, if they were not exercising their Constitutional Rights, would they be there and since that statement includes occupying public space until their grievances are addressed, clearly they need rest.
Money can be transferred to candidates electronically even while the donor is sleeping. Is that money still speech?
And again, is the soldier who is sleeping, at war while s/he is sleeping?