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The Assault on Environmental Protest

Standing Rock Camp
Standing Rock Camp
Vera Eidelman,
Staff Attorney,
老澳门开奖结果 Speech, Privacy, and Technology Project
Maggie Ellinger-Locke,
Staff Attorney,
Greenpeace USA
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March 16, 2018

More than that would criminalize protest, deter political participation, and curtail freedom of association have been introduced across the country in the past two years. These bills are a direct reaction from politicians and corporations to the tactics of some of the most effective protesters in recent history, including Black Lives Matter and the water protectors challenging construction of the Dakota Access Pipeline at Standing Rock.

If they succeed, these legislative moves will suppress dissent and undercut marginalized groups voicing concerns that disrupt current power dynamics.

Efforts vary from state to state, but they have one thing in common: they would punish public participation and mischaracterize advocacy protected by the First Amendment.

For example, bills introduced in and would have defined peaceful demonstrations as 鈥渆conomic terrorism.鈥 In Iowa, legislators are currently considering that would create the crime of 鈥渃ritical infrastructure sabotage.鈥 Labels like 鈥渢errorists鈥 and 鈥渟aboteurs鈥 have long been misused to sideline already oppressed groups and to vilify their attempts to speak out.

Other bills are written so broadly that they could impose criminal penalties and devastating fines simply for offering food or housing to protestors. For instance, a bill currently being considered in would impose a $1 million penalty on any person or organization that 鈥渆ncourages鈥 certain forms of environmental protest. Legislation introduced in Tennessee, Florida, North Carolina, and North Dakota would have allowed without criminal repercussions.

Corporations like Energy Transfer Partners 鈥 the company behind the Dakota Access pipeline 鈥 and industry groups like the American Legislative Exchange Council are Not surprisingly, the efforts have gotten the most traction in states key to oil and gas interests.

Proponents of these bills are using 鈥減rotection鈥 of critical infrastructure as a guise for these First Amendment attacks. That framing completely ignores the many laws already on the books addressing those concerns, from trespass to property damage. Indeed, protesters are already being arrested under those laws across the country.

Legislation is not the only tool the oil and gas industry is deploying in its effort to silence opposition. Six months ago, Energy Transfer Partners filed a against several environmental groups, including Greenpeace, alleging that a 鈥渃riminal enterprise鈥 was put in place to stop the pipeline project.

Similarly, 84 members of Congress sent a bipartisan letter to the Department of Justice earlier this fall, asking officials to 鈥 a troubling policy that resembles the one being lobbied for at a federal level by the American Petroleum Institute.

Corporations are already abusing existing laws to silence dissent and shut the public out of decision-making. Now, lawmakers are trying to give corporate interests even more tools to punish people for speaking up for their families and communities. That is an attack on democracy 鈥 one our organizations will continue to resist.

This piece was originally published on March 2 by .

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