November 19, 2011

EUGENE VOLOKH: Court Grants Temporary Restraining Order Against Possible Removal of Occupy Boston Encampment. “The First Amendment analysis in the decision is quite thin: The court concludes that the plaintiffs have the requisite likelihood of success on their First Amendment claim because their encampment is symbolic expression. But the question isn’t just whether the encampment is presumptively protected by the First Amendment — it’s whether there are valid content-neutral city ordinances or state laws that permissibly restrict such camping.” It’s a Democratic constituency group, so they get the benefit of the doubt.

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