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

“Crowd control” = rights violation
US News • Views: 24,755

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.”

Jump to top

Create a PageThis is the LGF Pages posting bookmarklet. To use it, drag this button to your browser's bookmark bar, and title it 'LGF Pages' (or whatever you like). Then browse to a site you want to post, select some text on the page to use for a quote, click the bookmarklet, and the Pages posting window will appear with the title, text, and any embedded video or audio files already filled in, ready to go.
Or... you can just click this button to open the Pages posting window right away.
Last updated: 2023-04-04 11:11 am PDT
LGF User's Guide RSS Feeds

Help support Little Green Footballs!

Subscribe now for ad-free access!Register and sign in to a free LGF account before subscribing, and your ad-free access will be automatically enabled.

Donate with
PayPal
Cash.app
Recent PagesClick to refresh
Once Praised, the Settlement to Help Sickened BP Oil Spill Workers Leaves Most With Nearly Nothing When a deadly explosion destroyed BP’s Deepwater Horizon drilling rig in the Gulf of Mexico, 134 million gallons of crude erupted into the sea over the next three months — and tens of thousands of ordinary people were hired ...
Cheechako
Yesterday
Views: 69 • Comments: 0 • Rating: 0
Texas County at Center of Border Fight Is Overwhelmed by Migrant Deaths EAGLE PASS, Tex. - The undertaker lighted a cigarette and held it between his latex-gloved fingers as he stood over the bloated body bag lying in the bed of his battered pickup truck. The woman had been fished out ...
Cheechako
4 days ago
Views: 169 • Comments: 0 • Rating: 1