Legal merits aside, that the judge would invoke the founding fathers as he assists in the corporate-governmental squashing of civil disobedience and dissent is pretty damn hypocritical/ignorant. 90% of the founding fathers would likely be strong supporters of, if not there on the front lines of Occupy Wall Street and similar protests if they were alive today. The US government in its present state stands directly (and proudly) against their most strongly held and stated values.