Protesters may try to get last word, in court

Critics point out that police need probable cause to make an arrest. Some also think authorities should have obtained a warrant before using a net to subdue crowds. "If you're a peaceful protester holding up a sign that says the Republicans or the Democrats are leading us down the wrong path, you have a right to do that without being swept up," says Mr. Dershowitz. "There's something unseemly about using a net."

But others say the courts have given police wide latitude in how they control demonstrations, as long as they don't interfere with the content of what's being said. "There are common-sense limitations that courts will give government some rope on," says Martin Redish, a First Amendment expert at Northwestern Law School in Chicago.

In the 1960s, for instance, Congress passed a law banning the burning of draft cards. It was challenged as a violation of the First Amendment on the grounds that the act was a symbol of opposition to the Vietnam War. But the courts upheld the law, accepting the government's argument that it had a legitimate reason to want people to keep their draft cards. Mr. Redish, who believes the courts went too far in this case, says it illustrates how difficult it can be to distinguish between free speech and the government's genuine needs.

Many of the protesters charge that the police use of extended detentions - some were held as long as 66 hours - crossed that line. It was "a blatant attempt to keep people off the streets and from protesting against Bush," says Mr. Epstein. On Thursday night, a judge was so incensed about the city's inability to process the demonstrators quickly, he ordered the city to release them or pay $1,000 for each person kept beyond a certain time. It's estimated the city is facing $560,000 in fines.

But Police Commissioner Ray Kelly calls the charge that the NYPD purposely slowed the processing "patently false." Mr. Bloomberg says the NYPD arrests on average 300 people a day and it takes 24 hours to process them. "We had to process 1,200 people in one day rather than our normal 300 people," he says. "The judge says it's unreasonable to take more than 24 hours. I don't know what we could have done."

On the issue of conditions, some protesters have saved the clothing they wore at the Pier 57 holding center, which they say was stained with oil and grease from the filthy conditions. Many plan to have it chemically analyzed for any lawsuit. The city's response: "We didn't try to make this Club Med, but it was safe and clean," says Mr. Bloomberg. "We even served soy sandwiches for vegetarians."

Page: 1 | 2