The First Amendment guarantees the right to freedom of speech and the right to peaceably assemble.
Up until recently, Occupy Wall Street has stayed within these rights, thus staying under the protection of the Constitution in those regards. They were staying within the limits of the freedom of speech and they were keeping their protesting peaceably. However, recently their protests have stopped being so peaceable. Once the protests stopped being peaceable, the protection of their protests ceased.
"In one of the largest demonstrations in recent city history, the ant-greed rabble plans to swarm the subways, take over the Brooklyn Bridge and shut down the stock exchange today."Swarming a subway, taking over a bridge, and shutting down the stock exchange isn't exactly within the definition of "peaceably." Along with the loss of protection, these actions could be taken as hostile, which could warrant police intervention.
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