On December 7th, 2011, Boston Superior Court Judge Frances A. McIntyre rejected Occupy Boston’s standing injunction and ruled to lift the temporary restraining order the group has held against the city of Boston. Judge McIntrye held, in her twenty-five page decision, that the group’s actions – especially with regard to the ‘occupation’ of a public park – do not constitute speech protected by the 1st Amendment.
“While Occupy Boston protesters may be excersizing their expressive rights during their protest, they have no privelege under the First Amendment to seize and hold the land on which they sit.” (emphasis added)
As a result of this ruling, Occupy Boston now faces the threat of eviction by the Boston Police Department, at the discretion of the City of Boston and Mayor Thomas Menino.
Download the full text of the ruling here.
Comments are closed.