Federal Appeals Court Rules SC Occupy Protesters Have a "Viable Claim"

Remember back when "Occupy" was a thing? It was was back in November of 2011 or so. The protesters who were forcibly removed from the Statehouse grounds back then haven't just gone away. Maybe the Governor should have consulted with Permanent Press first.

Anyway, the Occupy folks have taken their case all the way to the 4th Circuit Court of Appeals, which just decided that the Occupy protesters "have a viable claim" that the State of South Carolina violated their First Amendment rights.

You can read the full text of the opinion here.[PDF]

Here's where I am on this: Let's assume that the State did violate the Occupier's rights by forcibly removing them from the Statehouse Grounds. Ok, so what are the damages? The Occupy protesters want damages for the State violating their First Amendment rights. Well, for you law-geeks out there, there is a whole area of jurisprudence on who to measure such damages. You can read about it at length in this law review article, which just happens to be published by my law school alma mater.

I'm not sure I would award them much money, but I'd be fine with letting them go back to the Statehouse Grounds and protesting as much as they want, as long as they don't fall asleep. Sleeping isn't political speech, it's...well it's sleeping.

All I know is that if Governor Haley had followed my advice and just ignored these people, they'd probably be gone by now.

1% of Wisconsin Wants a CWP

1% of the entire population of Wisconsin has applied for a CWP in the first six weeks that it has been available.

Insert Occupy Wall Street joke here.

P.J. O'Rourke on the Occupy Crowd

P.J. O'Rourke is a pretty funny guy. If you haven't read Parliament of Whores, you should go out and read it right now.

In his latest riff, he explains how the Occupy movement is similar to his 13 year-old daughter.

Yes, it's upsetting that some people have so much while other people have so little. It isn't fair. But I accept this unfairness. Indeed, I treasure it. That's because I have a 13-year-old daughter And that's all I hear, "That's not fair," she says. "That's not fair! That's not fair!" And one day I snapped, and I said, "Honey, you're cute, that's not fair. Your family is pretty well off, that's not fair. You were born in America, that's not fair. Darling, you had better get down on your knees and pray that things don't start getting fair for you."

He's right. And the Occupy folks do have that common thread of throwing a temper tantrum until they get their way.

Teaching Jay-Z at Georgetown

Courses like this may be part of the reason why some college students are having a hard time finding a job these days.

Something of a rock star in his own right, Professor Dyson received the blessing of Georgetown’s sociology department to teach the course earlier this year. It would be a vast understatement to say that “Sociology of Hip-Hop: Jay-Z” is a popular class. Dyson says that 20-30 students typically try to sign up for each of his courses; his latest offering drew five to seven times that sum.

In full disclosure, I went to what can be described as almost a pure "liberal arts" college. I double majored in economics and philosophy, so I know all about the benefits of a liberal arts education. The idea is that you learn to think critically.

But seriously, Georgetown? Having a sociology class on Jay-Z? First of all, I'm not even sure what career path sociology sets you up for, but I can't really see any interviewer being impressed with you "A" in Jay-Z. "Oh, I see you're a Jay-Z, scholar, let's set you up in the corner office".

The professor of this class compares Jay-Z to Shakespeare and Homer, but as a "modern" artist of the times. Ummmm, no. There's a difference between studying the classics - which are by definition...old, having stood the test of time, and studying Jay-Z.

You paying $59,116 PER YEAR for the privilege of attending Georgetown University. When you graduate, you're going to want a job, and the last time I checked, there aren't too many openings. Maybe these kids should spend their time learning something useful. Everyone always sees college as an "investment in your future" but if you waste it on stupid classes, it's about as useful as a crocheted condom. Then again, maybe it explains this.

Occupy Columbia: Judge Lee Allows Tents and Sleeping Bags

Judge Lee has issued a TRO allowing the protesters to bring tents, sleeping bags, and other living gear.

I respectfully dissent. The Statehouse is not a campground. You cannot live there.

Protesters to Challenge Haley's 6:00PM Edict

As much as I disagree with the Occupy movement, I do not believe that Haley's decision to have everyone off the Statehouse grounds by 6:00PM is a reasonable time restriction. On the contrary, I believe it is an arbitrary and capricious time. Apparently, some people out there are going to call Haley's bluff.

Why 6:00PM? Why not 6:15PM or 7:00PM? The government needs to show a compelling reason why people should not be on public property after a specific time. Obviously, you can't camp out there, but you should be able to simply be there.

I'll be interested to see how it turns out.
UPDATE: Looks like I was exactly right. Maybe the Governor should have consulted me for legal advice first. Full roundup of the silliness from Mr. Warthen here.

Occupy Columbia: Normalcy Returns

Brad Warthen has a good, yet somewhat sympathetic, run-down of the six nineteen Occupy protesters in Columbia, SC being removed (via arrest) from the Statehouse grounds.

As I've been saying for awhile now, the Occupy movement should never have been allowed to "camp out" in public places using free speech as a stalking-horse. It's well-settled constitutional law that our First Amendment rights are subject to reasonable, content-neutral, time, place, and manner restrictions.

Obviously, the outbreak of Tuberculosis, lice, ringworm, Parvo (in the pets), scabbies, and all sorts of other horrible and gross things is evidence that these restrictions are in the public's best interest.

Protesting is fine, but you can't live on the Statehouse grounds to make a political point.

#OccupyFail and The Boy Scouts

At first, I was disdainful of the Occupy protesters and mocked them. Now, I'm starting to pity them. Their little protest (once cute) is now turned into a horror show. A reporter from the NY Post spends a night in Zucotti Park and finds a scary scene.

“It’s done,” he repeats. “Occupy Wall Street is no longer a protest.” Scenes like this -- and far worse -- have been playing out since the Zuccotti Park “occupation” began on Sept. 17.

The parcel is now a sliver of madness, rife with sex attacks, robberies and vigilante justice.

It’s a leaderless bazaar that’s been divided into state-like camps -- with tents packed together so densely that the only way to add more would be to stack them.

And despite an NYPD watchtower overhead and the entire north side of Zuccotti lined with police vehicles, it is quickly becoming one of the most dangerous places in New York City.

Read the whole thing.

Remember Munich in 1938?

Appeasement always ends poorly.

How is this going to end? At this rate, I would have to say "Not well".

Occupy Herbstreit

A loyal reader from Louisiana bring my attention to a movement that I think we can all get behind. I may have to crash the Occupy Columbia movement with a sign. Feel free to post suggestions in the comments.

At least student loans can be refinanced. There's no hope for the Big 10.

Occupy Columbia: Day 11

Breaking Hard: Our PP reporter in the field sends us a picture from the Occupy Columbia protest movement as of 10/25.

As you can see, it's Day 11. There are a few people milling about on the right-front area of the statehouse steps, and they appear to have some camping gear. Perhaps they're in this for the long-haul. I'm still not 100% on what their demands are, but at this point, one of their demands ought to be for more protesters. They don't even have enough people to need a "people's microphone" yet, and that's one of the trademarks of the Occupy movement. Stay tuned to PP for all your Occupy Columbia news.

Scrooge McDuck on the Occupy Protests

Scrooge McDuck kind of has a point. If you want to be rich, go out and work for it. Also, he'll back you in a venture which could make you rich. Sounds pretty good to me.

One Actual Merger and One Potential Merger (Tea Party and #Occupy)

Via The State, the two groups will be meeting in Columbia.

 I'm not sure what their "exit strategy" is. Are they just going to stand around until....what exactly? Also, I thought this Venn Diagram was pretty accurate:

I think we can all agree on the middle statement. Who's ready for the Tea Party and the #Occupy movement to merge! That would be fun.