I was having a discussion with my wife (who is a history teacher who covers Constitutional rights in 8th grade) last night based on the police action taken in Oakland over the "Occupy" encampments.
Basically - based on the particular actions taken by the police, and the manner in which they took them (busing in police, trying to herd people back to the park with tuncheons and tear gas) in light of reasons (blocking the street / causing potential hazard) - where is the legal line?
It seems that Freedom of Speach and Religion have always been well covered topics, and as a result they have gotten fairly clear delineations on "Yes" versus "No" in where the right can be applied. But looking at some sources on assembly
, there still seems to be significant legal grey area.
So, probably more of a two part question - does the US belong to a treaty defining assembly as in the OSCE/ODIHR document for definition of the First Amendment right?
And second, what options do "Occupy" encampments have in regards to fighting enforcement actions that are on a scale of force such like Oakland has decided to take? Is that level of force actually legal, in a Constitutional sense?