Following a hearing on November 16, 2011, in Suffolk Superior Court, Judge Frances A. McIntyre issued a Temporary Restraining Order against the City of Boston, ruling in favor of Occupy Boston to protect their right to express their views on public property. At the hearing on November 16, Howard M. Cooper, a partner with Todd & Weld, argued on behalf of his client, Occupy Boston, that the rights of protesters must be guaranteed, regardless of whether the City of Boston has a current plan to conduct a removal similar to the one conducted in New York City. Todd & Weld is acting as lead counsel in conjunction with the American Civil Liberties Union and The National Lawyers Guild.
In arguing that Occupy Boston is making a public statement by living together on public land, Mr. Cooper contended that “The medium itself is the message, because they have a working community. They're saying, ‘Let us show you how we can do it better.'”
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