kateoplis:

“Last night I was arrested in my home town, outside an event to which I had been invited, for standing lawfully on the sidewalk in an evening gown.

Let me explain; my partner and I were attending an event for the Huffington Post, for which I often write: Game Changers 2011, in a venue space on Hudson Street. As we entered the space, we saw that about 200 Occupy Wall Street protesters were peacefully assembled and were chanting. They wanted to address Governor Andrew Cuomo, who was going to be arriving at the event. They were using a technique that has become known as “the human mic” – by which the crowd laboriously repeats every word the speaker says – since they had been told that using real megaphones was illegal.

In my book Give Me Liberty, a blueprint for how to open up a closing civil society, I have a chapter on permits – which is a crucial subject to understand for anyone involved in protest in the US. In 70s America, protest used to be very effective, but in subsequent decades municipalities have sneakily created a web of “overpermiticisation” – requirements that were designed to stifle freedom of assembly and the right to petition government for redress of grievances, both of which are part of our first amendment. One of these made-up permit requirements, which are not transparent or accountable, is the megaphone restriction.

So I informed the group on Hudson Street that they had a first amendment right to use a megaphone and that the National Lawyers’ Guild should appeal the issue if they got arrested. And I repeated the words of the first amendment, which the crowd repeated.

[…] On our exit, I saw that the protesters had been cordoned off by a now-massive phalanx of NYPD cops and pinned against the far side of the street – far away from the event they sought to address.

I went up and asked them why. They replied that they had been informed that the Huffington Post event had a permit that forbade them to use the sidewalk. I knew from my investigative reporting on NYC permits that this was impossible: a private entity cannot lease the public sidewalks; even film crews must allow pedestrian traffic. I asked the police for clarification – no response.

I went over to the sidewalk at issue and identified myself as a NYC citizen and a reporter, and asked to see the permit in question or to locate the source on the police or event side that claimed it forbade citizen access to a public sidewalk.”

Read on.