President Obama's New Year's Eve signing of the National Defense Authorization Act (NDAA), the military spending bill that flouts our Fifth Amendment rights by allowing the military to detain American citizens indefinitely without due process, has, to a large extent, flown under the radar. But not to a group of around 200 Occupy Wall Street-affiliated protesters, who, fleeing the frigid weather outside, organized a ninety-minute-long flash mob in Grand Central Terminal Tuesday night.

The demonstration was led by green-haired protester Lauren Digioia, a former member of the OWS sanitation committee, who, at the 2:25 mark in the video, was collared by MTA police and charged with disorderly conduct and resisting arrest. Two other protesters were arrested, and four issued summonses, for the rush-hour disturbance. Grand Central probably wasn't the wisest choice of location for the airing of political grievances, and, considering the context of the protest, there may have been something of a self-fulfilling prophecy about the arrests. 

But there just as easily could have been no arrests, as no one was hurting anyone, other than the eardrums of passing commuters. MTA rules state that disorderly conduct includes behaving "in any manner which may cause or tend to cause annoyance, alarm or inconvenience to a reasonable person or create a breach of the peace," which allows for a pretty broad interpretation.

 

Commentarium (8 Comments)

Jan 04 12 - 7:52pm
AcneVulgaris

1776 - 2011. It was a pretty good run.

Jan 04 12 - 9:42pm
Publius

Nah, it's unconstitutional on its face. Five minutes in court and it's bounced. If, by chance, a judge or judges (depending on the panel) don't agree, impeach them.

Jan 04 12 - 10:09pm
Drone

Unfortunately, in the past, with portions of the Patriot Act and then the Military Commissions of 2006 and then its revised version in 2009, the legal challenges to these types of laws were then simply kicked back to an eager Congress and Executive--who amended and expanded the underlying principles each time. There is an endless back and forth between the branches of government, but the end result is that powers of detention, and now extrajudicial execution, increasingly expand.

Jan 04 12 - 10:16pm
Publius

Perhaps but the new provisions are prima facie violations of the 4th, 6th and 8th Amendments.

Jan 05 12 - 12:03am
Publius

Add the 14th for good measure.

Jan 04 12 - 10:17pm
Publius

Where do you see a Fifth Amendment issue, Jeff?

Jan 05 12 - 1:10am
Jedediah

What's with the Ron Paul video?

Jan 06 12 - 9:52am
Banana Sam

oooh, sorry, Jedediah, but you violated the nerve terms of service by mentioning "Ron Paul" without saying "bat-shit crazy," "old" or "demented." Expect your suspension to start in a couple of days.