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Unpublished Paper
Freedom of speech and the ‘Occupy’ protests: ‘narrowly tailored to further significant government interests’
(2012)
  • Mel Cousins, Glasgow Caledonian University
Abstract
This note examines the spate of recent court decisions concerning efforts by Occupy protestors in various cities of the USA to prevent the removal (or restriction) of their protests. In general, though by no means in all cases, the courts, applying existing freedom of speech principles, have upheld the protestors’ right to protest to some extent but have placed narrow limits around the manner in which this right may be exercised. Following a short introduction (Part 1), Part 2 discuses the approach which has been taken by the courts in recent cases. The approach adopted contrasts sharply with the Supreme Court’s recent striking down of the limits on corporate expenditure in relation to elections (in Citizens United) and Part 3 goes on to discuss the law in relation to public protest in this broader context.
Keywords
  • Freedom of speech,
  • Occupy protests
Publication Date
June, 2012
Citation Information
Mel Cousins. "Freedom of speech and the ‘Occupy’ protests: ‘narrowly tailored to further significant government interests’" (2012)
Available at: http://works.bepress.com/mel_cousins/62/