In the face of all the arrests – nearly 3,000 so far across the country – all the bans on tents, on sleeping bags, on umbrellas… it’s encouraging that some in the judicial system still have an appreciation of the first amendment and the meaning of free speech.

Federal Judge Aleta Trauger issued a restraining order against the state, foiling the plans of Tennessee’s Republican Governor, Bill Haslam, to change the rules mid-game by instituting a curfew on Legislative Plaza and then having the occupiers arrested.

Friday and Saturday nights Tennessee State Troopers trooped down to the Capitol and arrested scores of demonstrators; but both nights Metro Night Court Magistrate Tom Nelson ruled they were wrongfully arrested and they could go free. (For background, see: Contempt of court? Reporter among those arrested tonight at Occupy Nashville).

Now the Federal Judge is backing him up, as reported by the Nashville Scene:

“I can’t think of any more quintessential public forum than the Legislative Plaza,” she said, calling the governor’s actions “clear prior restraint of free speech.” She said she was “most gratified” and “not too surprised” that the state was conceding the first round in the lawsuit filed this morning by Occupy Nashville and the ACLU.

It was a Nashville Scene reporter that was also arrested by the troopers even after he clearly identified himself as a journalist. (See: Reporter videos his own arrest at Occupy Nashville.)

The ruling came in response to a suit filed by the American Civil Liberties Union. The city, knowing it didn’t have a leg to stand on, didn’t even challenge.

The judge’s ruling is temporary; the two sides are to meet and discuss terms for allowing free speech while maintaining public safety by November 21.

As the Nashville Scene notes, there’s a lovely irony here: The Governor said he had to act to protect public safety and because of unsanitary conditions. The occupiers retorted that the only issues were street people (who would have been there anyway). But Safety Commissioner Bill Gibbons told reporters, “We don’t have the resources to go out and, in effect, babysit protesters.” So Haslam had the protesters arrested instead.

Now, the city not only has to lay 0ff – they have to return all the tents and sleeping bags they confiscated.

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