releasing new information about the grand jury proceedings. more on that in a minute. first, fox news correspondent jonathan hunt is live in lower manhattan. jonathan? greta, evening. these protests are many, many times bigger than the ones we saw last night. there are literally thousands of people on the streets of new york. tonight, we are turning and walking up broadway. we just passed the symbol of city hall. obviously one of the symbols to which the anger is directed here. this rally started, greta, at places you know very well. federal courthouse in downtown manhattan. outside the supreme court of new york in downtown manhattan. these people gathered just starting about two hours ago amid protests huge right now. headed up broadway. the way these things usually go. union square, which is the main rallying point. and then end up in times square crossroads of the
the new york the new york court of appeals has has said it is illegal to ban large sugary drinks in new york city. as you know, mayor bloomberg, then mayor bloomberg, had wanted to ban large sodas from restaurants and from convenience stores. well, the court of appeals has said that ban is illegal. you can t do that. let s bring in cnn legal analyst paul callen. hi, paul. are you surprised? good morning, carol. are you surprised? well, yes, and no. i mean, i m somewhat surprised in that everybody would concede that these 23-ounce soda concoctions are unhealthy and at new york state department of health had banned, but on the other hand this idea that the department of health can regulate commerce in new york rubbed people the wrong way. in looking what the court of appeals did by the way, the
that is. this is a normally very divided court on issue s of abortion. they were nighted for good reason against this law. that doesn t mean, as the opinion says, you can t put other types of protections. you can keep people from blocking these clinics. you can there s obviously existing laws to keep you from abusing people who are going in a very direct physical and obstructionist way. there s still protections for the chin igs. what you can t do is start to regulate speech as a state of this union. so, jeffrey toobin is here now, our cnn supreme court expert. i m just curious about something. would this ruling apply to maybe political protests? q. often the police will keep people away from let s say the democratic national convention because they want to keep the people safe there. would that ruling apply in those cases as well? there s no question that local authorities can establish areas to preserve good order. i mean that doesn t change in
this opinion. but this just was this was too big. it was too big a restriction on speech. you know, the court has gone back and forth a little bit on this issue about how big is too big a zone. i think states can take the direction from this opinion and actually craft laws that protect both sides, that allow women to go unimpeded to abortion clinics if they prefer, but also for feel who oppose abortion to express their views. there is room for reasonable compromise and reasonable laws in light of this opinion. all right. jeffrey toobin, jonathan turley, pamela brown. thanks to all of you. i will be right back. ll them anu feel like saving money. it don t matter, day or night. use your computer, your smartphone, your tablet, whatever. the point is, you have options. oh, how convenient.
court of appeals in new york is really the supreme court of new york. that s what we call it here in new york. this is the highest court in new york. and what they said basically was, you know something, this rule isn t fair because it doesn t ban milkshakes, it doesn t ban 7-eleven from selling 16-ounce big gulps, it only focuses on a very small group of stores that sell these sugary soda drinks and hence, it s not really a health regulation, although you should be banning all this stuff, it s really a commercial regulation and that s up to the legislature not the mayor of new york and the department of health to set social policy like that. that s the thinking of the lawyers, the justices on the court and i think there s a logic to that. unless you banned everything that s bad for you, you can t ban a single item. you can t single out a particular item and say all right, we re going to get rid of that, but you can go with a milkshake down the road. i m sitting here, carol n a caf