Occupiers Occupied: The Hijacking of the First Amendment
A funny thing happened to the First Amendment on its way to the public forum. According to the Supreme Court, money is now speech and corporations are now people. But when real people without money assemble to express their dissatisfaction with the political consequences of this, they’re treated as public nuisances and evicted.
First things first. The Supreme Court’s rulings that money is speech and corporations are people have now opened the floodgates to unlimited (and often secret) political contributions from millionaires and billionaires. Consider the Koch brothers (worth $25 billion each), who are bankrolling the Tea Party and already running millions of dollars worth of ads against Democrats.
Such millionaires and billionaires aren’t contributing their money out of sheer love of country. They have a more self-interested motive. Their political spending is analogous to their other investments. Mostly they want low tax rates and friendly regulations.
Wall Street is punishing Democrats for enacting the Dodd-Frank financial reform legislation (weak as it is) by shifting its money to Republicans. The Koch brothers’ petrochemical empire has financed, among many other things, candidates who will vote against environmental protection.
This tsunami of big money into politics is the real public nuisance. It’s making it almost impossible for the voices of average Americans to be heard because most of us don’t have the dough to break through. By granting First Amendment rights to money and corporations, the First Amendment rights of the rest of us are being trampled on.
This is where the Occupiers come in. If there’s a core message to the Occupier movement it’s that the increasing concentration of income and wealth poses a grave danger to our democracy.
Yet when Occupiers seek to make their voices heard — in one of the few ways average people can still be heard — they’re told their First Amendment rights are limited.
The New York State Court of Appeals along with many mayors and other officials say Occupiers can picket — but they can’t encamp. Yet it’s the encampments themselves that have drawn media attention (along with the police efforts to remove them).
A bunch of people carrying pickets isn’t news. When it comes to making views known, picketing is no competition for big money .
Yet if Occupiers now shift tactics from passive resistance to violence, it would spell the end of the movement. The vast American middle class that now empathizes with the Occupiers would promptly desert them.
But there’s another alternative. If Occupiers are expelled from specific geographic locations the Occupier movement can shift to broad-based organizing around the simple idea at the core of the movement: It’s time to occupy our democracy.
This article was originally posted on Robert Reich's blog.
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17 comments on "Occupiers Occupied: The Hijacking of the First Amendment"
vbnyjam
November 20, 2011 3:56pm
Boycotts do work. We will continue to boycott Walmart, B of A and Exxon-Mobil for the rest of eternity. It may not kill them or their greed but it makes us feel better about not helping these criminals fleece everyone
November 17, 2011 9:05pm
There are not enough jails to hold the multitudes if we assemble peacefully. The most effective strategy is massive numbers of participants ( as in participatory democracy) while remembering Dr.Kings advice of what to do when we are assaulted. To turn the other cheek; and keep turning the other cheek until their arms grow weary from striking us. Go to Youtube to see the brutality inflicted upon the Selma, Alabama civil rights marchers when they attempted to cross the Edmund Pettis bridge. That brutality was captured on film for the whole world to see, and shamed silent whites into finally speaking out against racist policies and laws then in effect.
We can effect change, on a wide range of issues; by taking a long view of history and the social strategies utilized to move public opinion. By shaping the fight and choosing the field of battle in a metaphorical sense, our movement gains credibility in the eye of public opinion. Candidate Obama railed on for Hope and Change until elected, then slid into bed with the same Wall St bankers George Bush and Bill Clinton rolled over for.
National single payer health care should be guaranteed with a Constitutional Amendment. Social Security payroll limits should be Abolished! Corporations and wealthy individuals should have lower tax rates in exchange for a Constitutional Amendment which simplifies the tax code by permanently eliminating all tax shelters. How about a single page tax return? Create millions jobs here at home in America, through elimination of unfair trade laws and treaties which reward corporations for sending production overseas. Ending the economic incentive of moving those jobs to low wage/low regulation developing nations hungry for those jobs at any price; while depressing wages and benefits for American workers at Walmart and other wildly profitable companies too numerous to list here.
"We the People", have a duty and responsibility to continue "To build a more perfect Union". Folks, We have the court of public opinion on our side. We own the Moral High Ground in this battle. We have the Numbers on our side, over 95 %. We only lack a cohesive vision and Plan of Action to engage in this Political face off. The Koch brothers are counting on our failure to communicate our message to the masses. Rupert Murdoch demonizes us on Fox news. The D's and R's as Molly Ivins called them, are bought and paid for with unlimited funds from the wealthiest individuals and corporations on earth to shill the message that we are too dumb to cooperate on a political level, and therefore need those prostitutes of the status quo to guide "We the Sheeple" to the promised land. Beware of wolves in sheep cloth brothers and sisters.
Jim Smith
Ps.
Watched last episode of Bill Moyers Journal online last evening. It made me proud to associate myself with the message.
November 16, 2011 9:23pm
Your right the encampment became the story when they turned into Zoos
November 16, 2011 6:48pm
Laura, unfortunately, you, too have been led down the garden path. What we should do is what we have tried to do, to no avail. We call our legislators' offices, get sweet ladies that say they will give the message to Rep. or Sen. So and So, thank you, click. It just doesn't do any good. If we really want to get them to listen, somehow we need to invade the Capitol, letting no one out for awhile, and make them listen to us. No damage. No threats. Just MAKE THEM LISTEN to someone besides themselves.
November 25, 2011 8:53am
RONN185, I didn't suggest that we shouldn't invade the Capitol or anything else we have to do to get their attention. Yes, if you just call the office and give a message to whoever answers the phone, in most cases it is an intern who has no clue; they're just passing on phone calls. Do you have any idea how many phone calls and emails come into a Congressional office in a day? My point was that know, no matter how much money they have, it all comes down which candidate gets the most votes. We have to do whatever it takes to let them no what those of us without wealth think. Democracy is not easy, and most Americans just can't be bothered.
November 16, 2011 4:18pm
It is a fundamental but ubiquitous mistake to imagine that our tactic (camping) and our message (the system is broken) are 2 different things. The medium is the message and camping is a form of speech, pretty much the only one left to the disenfranchised and voiceless 99%.
November 16, 2011 3:10pm
I'm getting extremely concerned about all the Congress bashing I see everywhere, regardless of political views. As a member of the Congressional staff for 22 years, I know most Members are doing the best they can to keep their constituents happy. Some because they are honest, caring public servants and some just because keeping their job depends on it. But, let me tell you, it is harder than you might think to know what "your people" want. Like all human beings, they respond to what they know, and the people with money let them know what they want while most of us don't have the time or simply don't take the trouble. Just look at the small percentage who even bother to vote, much less to actually participate in the process! The more we hear they're all crooks who can be bought by a $1000 contribution from a lobbyist, the less likely we are to bother. When we abdicate our responsibility, who's left except the lobbyists to talk to them. I salute the OWS folks because they are stepping up to the plate and letting everyone know they are fed up. It may not change Washington in the next few months, but they didn't get there in a few months either. I'd say what we need is some media attention to who the good guys in Congress are so we can support them in their efforts and we ALL need to try to find time to let Members know where we stand on issues. THEY WILL LISTEN BECAUSE THEIR JOBS DEPEND ON IT.
November 16, 2011 10:26pm
You don't know elementary math. In 1789 there were about 5 million people here, and 13 states. The smallest states in population weren't that much smaller than the biggest. Today, there are about 300 million people, 50 states, and there are states with such a small population that they have more Senators than Representatives in the House. Almost all act as landed aristocracy: they get all the Federal grants due to the power of their Senators, but they hate the Federal government because they say that Washington never listens. You may not realize it, but most people in the U.S. can do this math, and can see that the Electoral College and Senate are packed with these idiots, and there is nothing at all we can do about it, forever. It does not inspire voting. It does not matter how sincere your Representative is if there is a Senator Max Baucus (for example) heading healthcare and the super-committee, set to take away Medicare, Medicaid, and Social Security (and he is a "Democrat"). Senator from Montana (for example). And no matter how sincere your Representative is, every 10 years they must get to know a new district and new constituents. There is NO place, nor people, that any of the Representatives are certain to represent because of re-districting and gerrymandering. So, please try again.
November 25, 2011 8:42am
So, your answer is just give up and let the rich folks buy every election? I actually know Max Baucus and have argued with him on many issues, but I can assure you that he represents the majority of Montana voters. Montana doesn't get a very good deal on Medicare and Medicaid, which drives much of his thinking, but that's a subject for another day. My point was that every elected official knows it all comes down to which candidate gets the most votes, no matter how the state legislators rig the districts, and we should not let our negative views of Congress keep us from holding their feet to the fire. We can occupy anything we want, but bankers and Wall Street are not going to change what they are until Congress makes them do it. If you want to accomplish something and not just whine, you have to be willing to make the system we have, no matter how flawed, work for the 99%.
November 16, 2011 2:06pm
Mr. Bloomberg's stand seems in spirit the same as George III in relation to the Founding Fathers. When governments side with banksters and the top 1% at the expense of 99%, they lose legitimacy. At the heart of the OWS is the issue of legitimacy. A government is legitimate only as long as it represents the interest of the majority of its people.
There is no connect between the plight of the people and what the government is doing to heed their plight. People want representation at the decision making tables. Government is sending them home at gunpoint.
November 16, 2011 1:04pm
According to Blackfriars Communications, Inc. 2005 - beyond essential food, housing, and health care, Americans spend around $2.7 trillion dollars per year on clothing, insurance, transportation, and other espenses. Government spending is around $4.4 trillion, with corporations spending $1 trillion on marketing alone. Forget boycotts except for specific strategic purposes.
November 16, 2011 12:49pm
Okay RIGHT-WING NUTS!
We're coming for you this time.
HEY 99%! Are you angry? Use it!
We have POWER! “Buying Power.” And, it’s about time we used it. Here’s how.
STOP BUYING THINGS. STOP BUYING…EVERYTHING.
WE CAN INSTANTLY STOP THE FLOW OF BILLIONS OF DOLLARS.
STRANGLE THE COMPANIES THAT ARE KILLING US!
Companies want our money, but they don’t want to help America get back on its feet?
We are being starved, now let’s starve those greedy corporations who took our money.
We want companies to hire us, politicians to vote for us, and this is how to force it.
We have an incredible mobile army of millions and millions and millions of people!
Let’s combine the power that we all have. VOTE, by NOT spending.
Stop buying as much as you can. Stop buying from ALL of the big corporations, retailers and banks; Wal-Mart, Walgreen’s, CVS, Rite Aid, Kroger, Costco, Target, Home Depot, Best Buy, Sears, Lowe’s, Supervalu, Procter & Gamble, Unilever, Georgia Pacific, RJR, Brown & Williamson, Kraft Global, Sara Lee, Tyson, BP, Shell Oil, Exxon Mobile, Hewlett-Packard, AT&T, Sprint, Dell, Microsoft, Dow Chemical, Chevron, Kimberly-Clark, Coca-Cola, Pepsi, J.P. Morgan Chase, Citigroup, Wells Fargo, Bank of America, Capital One, Ford, Chrysler, GM, Disney, Macy’s, Kohl’s, The Gap, Penny’s, Colgate, Nike, Staples, Office Depot, Lilly, Johnson & Johnson, Avon, Starbucks, McDonald’s, Wendy’s, Burger King, Kellogg’s, Dean Foods, General Mills, etc., etc., etc. All of them!
Add your own companies to our list and pass it on.
Don’t use global banks. Move your money from a big bank to a neighborhood bank.
Don’t use your credit cards or ATM’s…at all.
Don’t shop any retail chain stores. Shop local, or mom and pop shops.
Don’t buy gasoline. Walk, take a bus, car pool, or ride a bike.
Don’t buy any extras like music, movies, electronics, or toys…nothing.
BUY AS LITTLE AS POSSIBLE, FOR AS LONG AS POSSIBLE.
STOP SPENDING OUR BILLIONS OF DOLLARS AND WATCH WHAT HAPPENS.
Greedy global companies will be left in shock not knowing what to do.
Wall Street, the oil barons, corporate fat cats, stockholders, executives, marketers, retailers, politicians, and President Obama, will be asking us, the 99%, what we want!
“WE” WILL FORCE WALL STREET AND CORPORATIONS TO HELP AMERICA!
We have already started.
V
How to occupy a democracy?
1.support unionization and collective bargaining.
2. Continuously vote out incumbents until they get clued in to middle and lower class needs.
3. Deconsumerize. Buy only essentials, grow your own food, never frequent any business ( e.g. Walmart) that is anti-labour/anti-union.
4. Continue to build alternative social media news sites instead of corporate ones.
5. Use coops, exchanging of goods and services instead of paying for them, and use credit unions instead of banks.
All they want is money and power. Make it harder and harder for them to acquire this. Hit em where they ain't.
November 16, 2011 9:25pm
You forgot
6.HOLD YOUR BREATH UNTIL THEY GIVE IN
November 16, 2011 12:16pm
The only way any of this will change is if congress is too scared to continue their chronic, cynical and purchased behavior. Fear is what drives the coward, and people who take bribes (corporate campaign contributions) and vote only for their own self interest (politics as a profession) are just that – cowards. The only thing that will move (read scare) them are millions occupying each and every statehouse in this country. We must occupy their physical space.
November 16, 2011 12:05pm
Re: "It’s time to occupy our democracy." Could you please be a bit more precise - just how to do that? With the system rigged to preserve only those representatives who do the bidding of big money, with focused interests, just how do we "occupy our democracy?" Isn't that the problem?