Quote:
Originally Posted by sammyg2
...They were involved in unlawful assembly...
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Not according to the California Supreme Court or the U.S. Dist. Court Judge who approved the settlement.
In California, for an assembly to be unlawful there has to be "a clear and present danger of imminent violence." 21 kids sitting peacefully on a university sidewalk isn't even close to unlawful assembly.
All that said, even if it were, the actions of the cops to disperse the "unlawful assembly" were not reasonably tailored to the "danger" posed by the assembly.
The cops could have ignored the protest. If they really needed to open the sidewalk, they could have ordered them to disperse and arrested anyone who didn't comply.
And while there might not automatically be a direct correlation between good grades and being wise, it strikes me that the protesters were proved to be the smarter ones in this encounter.