Naomi Wolf: First They Come for the ‘Other’; Then They Come for You

Naomi Wolf: First They Come for the ‘Other’; Then They Come for You. via 2011 20 October posted by Steve Beckow

Naomi Wolf is arrested during the Occupy Wall Street protest

Guardian reporter Naomi Wolf is arrested during the Occupy Wall Street
protest in New York. She explains how the process of permiticization has been
used to erode First Amendment rights. Thanks to Sorcha.

Naomi Wolf: how I was arrested at Occupy Wall Street

Arresting a middle-aged writer in an evening gown for
peaceable conduct is a far cry from when America was a free republic

Naomi Wolf,, 19 October 2011

Last night I was arrested in my home town, outside an event to
which I had been invited, for standing lawfully on the sidewalk in an evening

Let me explain; my partner and I were attending an
event for the Huffington Post, for which I often write: Game Changers 2011, in a venue space on Hudson
Street. As we entered the space, we saw that about 200 Occupy Wall Street protesters were peacefully
assembled and were chanting. They wanted to address Governor Andrew Cuomo, who
was going to be arriving at the event. They were using a technique that has
become known as “the human mic” – by which the crowd laboriously repeats every
word the speaker says – since they had been told that using real megaphones was

In my book Give
Me Liberty
, a blueprint for how to open up a closing civil society, I have a
chapter on permits – which is a crucial subject to understand for anyone
involved in protest in the US. In 70s America, protest used to be very
effective, but in subsequent decades municipalities have sneakily created a web
of “overpermiticisation” – requirements that were designed to stifle freedom of
assembly and the right to petition government for redress of grievances, both of
which are part of our first amendment. One of these made-up permit requirements,
which are not transparent or accountable, is the megaphone restriction.

So I informed the group on Hudson Street that they had a first amendment
right to use a megaphone and that the National Lawyers’ Guild should appeal the
issue if they got arrested. And I repeated the words of the first amendment,
which the crowd repeated.

Then my partner suggested that I ask the group for their list of demands.
Since we would be inside, we thought it would be helpful to take their list into
the event and if I had a chance to talk with the governor I could pass the list
on. That is how a democracy works, right? The people have the right to address
their representatives.

We went inside, chatted with our friends, but needed to leave before the
governor had arrived. I decided I would present their list to his office in the
morning and write about the response. On our exit, I saw that the protesters had
been cordoned off by a now-massive phalanx of NYPD cops and pinned against the
far side of the street – far away from the event they sought to address.

I went up and asked them why. They replied that they had been informed that
the Huffington Post event had a permit that forbade them to use the sidewalk. I
knew from my investigative reporting on NYC permits that this was impossible: a
private entity cannot lease the public sidewalks; even film crews must allow
pedestrian traffic. I asked the police for clarification – no response.

I went over to the sidewalk at issue and identified myself as a NYC citizen
and a reporter, and asked to see the permit in question or to locate the source
on the police or event side that claimed it forbade citizen access to a public
sidewalk. Finally a tall man, who seemed to be with the event, confessed that
while it did have a permit, the permit did allow for protest so long as we did
not block pedestrian passage.

I thanked him, returned to the protesters, and said: “The permit allows us to
walk on the other side of the street if we don’t block access. I am now
going to walk on the public sidewalk and not block it. It is legal to
do so. Please join me if you wish.” My partner and I then returned to the
event-side sidewalk and began to walk peacefully arm in arm, while about 30 or
40 people walked with us in single file, not blocking access.

Then a phalanx of perhaps 40 white-shirted senior offices descended out of
seemingly nowhere and, with a megaphone (which was supposedly illegal for
citizens to use), one said: “You are unlawfully creating a disruption. You are
ordered to disperse.” I approached him peacefully, slowly, gently and
respectfully and said: “I am confused. I was told that the permit in question
allows us to walk if we don’t block pedestrian access and as you see we are
complying with the permit.”

YouTube footage of Naomi Klein being arrestedHe gave me a look of pure hate.
“Are you going to back down?” he shouted. I stood, immobilised, for a moment.
“Are you getting out of my way?” I did not even make a conscious decision not to
“fall back” – I simply couldn’t even will myself to do so, because I knew that
he was not giving a lawful order and that if I stepped aside it would be not
because of the law, which I was following, but as a capitulation to sheer force.
In that moment’s hesitation, he said, “OK,” gestured, and my partner and I were
surrounded by about 20 officers who pulled our hands behind our backs and cuffed
us with plastic handcuffs.

We were taken in a van to the seventh precinct – the scary part about that is
that the protesters and lawyers marched to the first precinct, which handles
Hudson Street, but in the van the police got the message to avoid them by
rerouting me. I understood later that the protesters were lied to about our
whereabouts, which seemed to me to be a trickle-down of the Bush-era detention
practice of unaccountable detentions.

The officers who had us in custody were very courteous, and several expressed
sympathy for the movements’ aims. Nonetheless, my partner and I had our
possessions taken from us, our ID copied, and we were placed in separate cells
for about half an hour. It was clear that by then the police knew there was
scrutiny of this arrest so they handled us with great courtesy, but my phone was
taken and for half an hour I was in a faeces- or blood-smeared cell, thinking at
that moment the only thing that separates civil societies from barbaric states
is the rule of law – that finds the prisoner, and holds the arresting officers
and courts accountable.

Another scary outcome I discovered is that, when the protesters marched to
the first precinct, the whole of Erickson Street was cordoned off – “frozen”
they were told, “by Homeland Security”. Obviously if DHS now has powers to
simply take over a New York City street because of an arrest for peaceable
conduct by a middle-aged writer in an evening gown, we have entered a stage of
the closing of America, which is a serious departure from our days as a free
republic in which municipalities are governed by police forces.

The police are now telling my supporters that the permit in question gave the
event managers “control of the sidewalks”. I have asked to see the permit but
still haven’t been provided with it – if such a category now exists, I have
never heard of it; that, too, is a serious blow to an open civil society. What
did I take away? Just that, unfortunately, my partner and I became exhibit A in
a process that I have been warning Americans about since 2007: first they come
for the “other” – the “terrorist”, the brown person, the Muslim, the outsider;
then they come for you – while you are standing on a sidewalk in evening dress,
obeying the law.

2 responses to “Naomi Wolf: First They Come for the ‘Other’; Then They Come for You

  1. Pingback: How I Was Arrested at Occupy Wall Street | 2012: What's the 'real' truth?

  2. Pingback: The Obligation to Peacefully Disrupt – by Naomi Wolf | 2012: What's the 'real' truth?