In his ruling, Judge Robert Mandelbaum found that the NYPD's order to disperse was unlawful, and that by ordering protesters to leave the entire Wall Street area, police violated protesters' First Amendment right to carry their message directly to its intended recipients: the Wall Street bankers who bankroll climate change. Defense Attorney Jonathan Wallace successfully argued that the Constitution protects citizen's rights to express political speech within proximity to the target of the protest. In this case, the NYPD first prevented protesters from entering Wall Street before later ordering them to leave the area altogether. This pattern of policing proved to be the Prosecution's undoing. Judge Mandelbaum also broke new ground by taking judicial notice that climate change is happening, is a serious problem, requires immediate action, and is caused by human activity.