Who is Paul Levinson

I talk to Chuck Scarborough on NY Night News the evening of the day Mayor Michael Bloomberg unconstitutionally called in police to clear Zuccotti Park and prevented media from covering this: a violation of the First Amendment (freedom of press) to cover up a violation of the First Amendment (freedom to peaceably assemble). More at http://paullevinson.blogspot.com/2011/11/mayor-bloombergs-poor-understanding-of.html and http://paullevinson.blogspot.com/2011/11/violation-of-first-amendment-to-cover.html Subtitles (English) by Claude Almansi 0:00 0:03 [Chuck Scarborough] Joining us now to talk about today's events is Paul Levinson 0:03 0:07 He is professor of communication and media studies at Fordham University. We thank you for being here, Professor. 0:07 0:08 [Paul Levinson] Good to be here. 0:08 0:10 [Scarborough] You're not very happy with the Mayor today. Why not? 0:10 0:13 [Levinson] He shows an appalling ignorance of the First Amendment 0:13 0:18 or maybe he is not ignorant and he's choosing to willfully misunderstand it. 0:18 0:22 He issued a statement that said: "The First Amendment pertains just to free speech." 0:22 0:26 Apparently, he is unaware that it also restricts the government 0:26 0:31 from interfering with freedom of the press, and freedom to peacefully assemble. 0:31 0:35 And yet, as you mentioned, the media were prevented from covering 0:35 0:38 what the Mayor and his police did earlier this morning. 0:38 0:42 There was at least one NPR reporter who was hurt by police. 0:42 0:47 The police, by the way, can't seem to disperse a crowd without hurting someone - 0:47 0:49 [Scarborough] Well, there were no serious injuries and, you know, 0:49 0:52 there was a lot - there was a bit of resistance going on: we've heard of the police 0:52 0:55 they had to clear a lot of people who tried to - to not be cleared out. 0:55 0:59 [Levinson] Well, but not from this NPR reporter, who was merely covering the story. 1:00 1:03 Furthermore, what does "peaceable assemble" mean? 1:03 1:07 Last time I looked at the First Amendment I didn't see an expiration date in there. 1:07 1:13 Now, obviously, no one would expect anyone to be allowed to protest forever, 1:13 1:17 but two months is a lot less than forever. 1:17 1:20 [Scarborough] Do you think that peaceably assemble , or the right of people 1:20 1:26 to peaceably assemble to air their grievances, as framed in the Constitution, 1:26 1:32 gives them the right to pitch tents, to make encampments in that park? 1:32 1:39 [Levinson] As long as those encampments don't endanger or hurt anyone, absolutely yes, 1:39 1:46 Because an assemblage is not something that has to take place just in an hour, or even in a day. 1:46 1:49 And as a matter of fact, if you look at assemblages over the years, 1:49 1:54 many times, people have petitioned government for weeks at a time. 1:54 1:58 So, I think it's perfectly reasonable to allow people to stay there 1:58 2:01 as long as there is no violence, as long as they don't hurt anybody. 2:01 2:04 [Scarborough] There was a collision of rights, here, wasn't there? In Zuccotti Park? 2:04 2:07 The collision of property owners' rights with the rights of the protestors to peaceably assemble, 2:07 2:13 the collision the home owners' rights to enjoy the quiet enjoyment of their property in the area? 2:14 2:18 [Levinson] Let's say someone lives in a home, and someone moves in next door, 2:18 2:19 and you don't like that person's face, 2:20 2:24 or you don't like the color of their house, you don't like the color it's painted, 2:24 2:27 you don't like the music that you hear when you walk by. 2:27 2:30 You don't like the fact that they have a dog that barks occasionally. 2:30 2:34 Does that person have the right to insist that the other person move out? 2:34 2:39 So no: I think clearly our country is based on an understanding 2:39 2:44 that people have rights to express themselves as long as they don't hurt other people. 2:44 2:49 If Bloomberg was so confident, why didn't he go to court beforehand? 2:49 2:53 There wasn't some emergency that was erupting that the police had to be called in 2:53 2:58 like thieves in the dark of night when no one could see what was happening. 2:58 3:04 And it is true that later this afternoon, a very low-level judge agreed with the Mayor, 3:04 3:06 but you know, I remember, in the Pentagon Papers case, 3:06 3:10 there was a New York judge who supported Nixon, and - 3:10 3:13 [Scarborough] You predicted that the Mayor would be overturned in court, and he wasn't today. 3:13 3:17 [Levinson] Well, not today, but thank goodness, we have higher levels of court. 3:17 3:19 [Scarborough] Alright, Professor, thank you for coming, we appreciate it. 3:19 3:19 [Levinson] My pleasure.