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Occupy Tulsa may not be shielded by First Amendment after hours

Most of us have neard Occupy Tulsa group members saying on the news that the city's requirement for them to be out of the Centennial Green park at curfew is violating First Amendment free speech and freedom of assembly guarantees.

It is likely their argument would not hold up in court, according to experienced opinions at one research center.

While many cases that contain a First Amendment argument are not clear cut, our research shows a pattern in the case of the Occupy movement.

Tulsa's early Wednesday arrests follow what has happened in the same way in several other cities.

We found several reports by experts with the First Amendment Center, a national foundation that offers legal opinions on First Amendment matters, that mirror events in Tulsa.

In Oakland, for example, it was two weeks before city officials opted to remove and arrest protestors. But, nonetheless arrests were made. The First Amendment Center article stated the Occupiers and city officials had originally gotten along, but patience with the group wore thin.

In Cincinnati, the arrests of 23 there followed a similar pattern, with the city citing the group on trespassing charges.

Nashville was a bit different, with City Hall enacting a curfew, then ordering arrests. That was followed by a judge refusing to sign warrants because the ordinance had only gone into effect the previous evening.

Ken Paulson, president of the First Amendment Center points out that courts have traditionally upheld the rights of cities to administer their own facilities as long as there is no discrimination based on content. He says the name "Occupy" suggests a constant presence and that to force cities to allow that would trump the cities' rights of administration and responsibility to taxpayers.

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