Federal Judge Rules #Ferguson Police’s “5-Second Rule” for Protesters Is Unconstitutional

“Crowd control” = rights violation
US News • Views: 24,754

One of the very controversial measures used by Ferguson police and St. Louis County police against people protesting the shooting of Michael Brown is their “5-second rule” —a crowd-control tactic that forces protesters to keep moving or be arrested if they remain in one place longer than 5 seconds.

Yesterday a federal judge issued a preliminary injunction against this tactic, because it violates the protesters’ constitutional rights.

The injunction “is a huge win for peaceful protesters and those who believe in the rule of law,” Tony Rothert, legal director of the ACLU, said in a news release.

Perry’s injunction said the practice police adopted, which some activists called the “five-second rule,” violated free speech rights. The judge also said the policy violated due process rights because “its enforcement was entirely arbitrary and left to the unfettered discretion of the officers on the street,” effectively making them lawmakers and enforcers.

“Citizens who wish to gather in the wake of Michael Brown’s tragic death have a constitutional right to do so, but they do not have the right to endanger lives of police officers or other citizens,” Perry wrote. “The police must be able to perform their jobs, and nothing in this order restricts their ability to do that.”

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36 comments
1 HappyWarrior  Oct 7, 2014 5:19:01pm

Judicial activism.//

2 Mike Lamb  Oct 7, 2014 5:21:14pm

I wouldn’t eat anything that’s been on the floor for more than five seconds either…

Wait…that’s not what we’re talking about?

3 withak  Oct 7, 2014 5:21:20pm

What does this mean for food dropped on the floor, though? Is it still safe?

4 Backwoods_Sleuth  Oct 7, 2014 5:22:20pm

Other court news tonight:

5 Rightwingconspirator  Oct 7, 2014 5:22:29pm

But there is as yet no court order or charges against Officer Darren Wilson, or any word about the heavy handed SWAT response to protests, the illegal arrests of journalists, the tear gassing of people in their own backyards… Nothing about the make up of the police force.

This is a nice decision but frankly pending court actions of far more import I’m really not impressed. So much remains.

Meh.

6 HappyWarrior  Oct 7, 2014 5:24:19pm

re: #4 Backwoods_Sleuth

Other court news tonight:

[Embedded content]

Smacked down by a Bush appointee no less.

7 Charles Johnson  Oct 7, 2014 5:24:36pm
8 Rev_Arthur_Belling  Oct 7, 2014 5:28:40pm

re: #7 Charles Johnson

I have to admit, CCJ is nothing if not persistent. He’s working “hard” to stay on that grifter gravy train and stay there.

9 HappyWarrior  Oct 7, 2014 5:29:37pm

re: #8 Rev_Arthur_Belling

I have to admit, CCJ is nothing if not persistent. He’s working “hard” to stay on that grifter gravy train and stay there.

Grifting is good money.

10 wrenchwench  Oct 7, 2014 5:29:46pm

I haven’t heard of a five-second rule anywhere else, but the need to ‘keep moving’ is an old requirement everywhere I’ve been (West Coast). I hope this ruling will be applied everywhere.

11 HappyWarrior  Oct 7, 2014 5:32:22pm

Baseball congratulations to the Cardinals. Beating Kershaw once was impressive. Twice can’t even define it.

12 Charles Johnson  Oct 7, 2014 5:33:08pm
13 Rightwingconspirator  Oct 7, 2014 5:33:15pm

So some Los Angelenos were late today caught up in traffic jams associated with the visiting V.P. The word is most did not mind just mentioning they were just Biden their time.

14 Justanotherhuman  Oct 7, 2014 5:33:17pm

re: #9 HappyWarrior

Grifting is good money.

They’re all in it together—no wonder he likes Codevilla.

8} Who would be your ideal candidate for president in 2012?

My ideal candidate for President in 2012 would be a hybrid of a Newt Gingrich who had learned the proper lessons from the 1990s, and of a Sarah Palin who had matured.

dailycaller.com

Those people are shameless.

15 klys  Oct 7, 2014 5:33:45pm

re: #13 Rightwingconspirator

That was bad and you should be ashamed.

16 Charles Johnson  Oct 7, 2014 5:34:12pm
17 WhatEVs  Oct 7, 2014 5:34:57pm

Now if they’d only find it unconstitutional for police to taze, beat and murder citizens (mostly black) and, further, prosecute those cops who are little more than thugs with uniforms, we’d all be better off.

18 Charles Johnson  Oct 7, 2014 5:37:47pm
19 RealityBasedSteve  Oct 7, 2014 5:38:00pm

re: #11 HappyWarrior

Baseball congratulations to the Cardinals. Beating Kershaw once was impressive. Twice can’t even define it.

Looking like it may be a repeat of the 1985 I-70 Series… Hope it turns out better for the Cards this time.

RBS

20 Justanotherhuman  Oct 7, 2014 5:42:32pm

Damn.

Officials: Plane associated with fire efforts in California’s Yosemite National Park is believed to have crashed - @ABC7, @News10_CA
end of alert

21 HappyWarrior  Oct 7, 2014 5:42:43pm

re: #19 RealityBasedSteve

Looking like it may be a repeat of the 1985 I-70 Series… Hope it turns out better for the Cards this time.

RBS

No I want battle of the birds(O’s fan). I am legitimately happy for the Royals and their fans though. I am just glad it’s not going to be another snoozefest.

22 Rightwingconspirator  Oct 7, 2014 5:42:46pm

re: #15 klys

That was bad and you should be ashamed.

I am so ashamed. *hangs head*

23 austin_blue  Oct 7, 2014 5:46:10pm

re: #15 klys

That was bad and you should be ashamed.

That was bad and he should be delighted. I laughed. Clever.

24 Editor in Chief  Oct 7, 2014 5:47:27pm

re: #22 Rightwingconspirator

I am so ashamed. *hangs head*

As you should.

25 Eater of Dead Things  Oct 7, 2014 5:48:26pm

Well, I just watched this video.

Cops are out of control.

talkingpointsmemo.com

26 Pie-onist Overlord  Oct 7, 2014 5:49:39pm

“Can’t afford”
WHAT BREATHTAKING BULLSHIT

27 Eater of Dead Things  Oct 7, 2014 5:49:48pm

re: #25 Stanley Sea

Well, I just watched this video.

Cops are out of control.

talkingpointsmemo.com

And they used the we thought he had a gun excuse.

The chick on CNN kept asking, WHY did they think he had a gun. Why? There were kids in the car.

We know the answer.

28 WhatEVs  Oct 7, 2014 5:52:12pm

re: #25 Stanley Sea

Well, I just watched this video.

Cops are out of control.

talkingpointsmemo.com

I saw that earlier. The only plus side is that the cops didn’t kill him. If you’re black, it’s open season for cops to kill you. I’d have been scared shitless, myself…and I’m old and white.

29 William Barnett-Lewis  Oct 7, 2014 5:53:26pm

re: #13 Rightwingconspirator

So some Los Angelenos were late today caught up in traffic jams associated with the visiting V.P. The word is most did not mind just mentioning they were just Biden their time.

Exquisite. I have to remember to use that one on my son.

30 Rev_Arthur_Belling  Oct 7, 2014 5:53:39pm

re: #26 Pie-onist Overlord

“Can’t afford”
WHAT BREATHTAKING BULLSHIT

[Embedded content]

Yep. As Hamilton Nolan at Gawker noted:

1. Employees tend to work fewer than 30 hours not because that is all they want to work, but because that is all the hours the company will give them, because companies do not want to allow workers to go full time.

2. Walmart has enough extra cash to raise employee salaries by 50% if it wanted to. Health insurance for 30,000 workers costs only a small percentage of this.
3. Four members of the Walton family, who inherited the Walmart fortune, are together worth more than $140 billion. If they were so inclined, these four people could pay the $500 million increase inWalmart’s employee health insurance costs (covering 100,000 new workers) for the next 280 years.

31 WhatEVs  Oct 7, 2014 5:53:49pm

re: #26 Pie-onist Overlord

“Can’t afford”
WHAT BREATHTAKING BULLSHIT

[Embedded content]

Of course. PROFIT$ RULE!

32 Eater of Dead Things  Oct 7, 2014 5:55:15pm

re: #28 WhatEVs

I saw that earlier. The only plus side is that the cops didn’t kill him. If you’re black, it’s open season for cops to kill you. I’d have been scared shitless, myself…and I’m old and white.

There’s a reason why black people don’t want to get out of the car for a seat belt offense.

They believe the cops want to escalate.

We’ve got a serious problem, that is finally getting noticed.

33 WhatEVs  Oct 7, 2014 5:57:49pm

re: #32 Stanley Sea

There’s a reason why black people don’t want to get out of the car for a seat belt offense.

They believe the cops want to escalate.

We’ve got a serious problem, that is finally getting noticed.

The only question is if anything will be done about it. I’m not holding my breath. Unfortunately.

34 Bubblehead II  Oct 7, 2014 6:01:55pm

Night Lizards. Sleep well. Time to of let the tides of of music sweep over me and digest it in the morn. Until then , Music!

Youtube Video

Yep, I am drinkinhing!

But Jim Bob, he’s still there. good time as well.

Youtube Video

And finally. Youtube Video

Yeah, this week has been fucked It was a suicdiede

Losing it

35 Justanotherhuman  Oct 7, 2014 6:04:25pm

Still—

“Perry wrote that the injunction does not prevent police “from using all lawful means to control crowds and protect against violence.”

“She said the injunction does not limit officers’ ability to enforce the state’s refusal-to-disperse law, which makes it a Class C misdemeanor “if, being present at the scene of an unlawful assembly, or at the scene of a riot, (someone) knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of such unlawful assembly or riot.”

So—are the protesters being in “unlawful assembly” or “a riot”?

This is still not a great ruling. It leaves far too much to the discretion of the police and other authorities who could arbitrarily set up ordinances or laws requiring further restrictions on assembly, time, numbers, etc, and the determination that individuals are refusing “to obey the lawful command” of LE on trumped-up assertions.

They tried the same tactics with the “Moral Monday” protesters, some of whom did practice civil disobedience. And there have been a lot of arrests.

thenation.com

36 wrenchwench  Oct 7, 2014 6:14:00pm

re: #34 Bubblehead II

Hey, it’s only Tuesday! See you tomorrow.


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