An unsettling act of censorship occurred at the Occupy event in Copley Square today. Prior to the main rally, a number of political and advocacy organizations set up tables to distribute printed materials. Amongst these groups was the International Socialist Organization.
After about an hour, a police captain visited the Socialists and told them that they had to leave unless they had a permit. The protestors refused, citing Supreme Court case law which establishes the right to distribute printed material in public spaces without a permit. The captain left.
About twenty minutes later, a police lieutenant returned to the area, and told a nearby table of social workers that "you need to pack that stuff up, they're(the Socialists) about to." After another ten minutes, the lieutenant returned, confirmed with the protestors that they did not have a permit, and told them that if they did not immediately remove their literature, it would be confiscated.
Here's the interesting part. The protestors were absolutely correct about the legal rights they had. The police had no authority to force them to disperse or to confiscate their materials. However, the police are perfectly free to lie. This freedom extends to giving "orders" they actually have no authority to enforce.
Anyone who watches cop shows knows that lying to suspects and witnesses is a standard tactic in investigating crime. It is unclear, however, what purpose is served by law enforcement lying to the public outside of that context. It certainly does serve to undermine trust in the police. Today, it also served to erect a de facto barrier to the exercise of a Constitutional right.
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