activist defense

on the intersection of activism and legal systems

Tag: DPchallenge

washington state court of appeals affirms dismissal of lawsuit regarding co-op’s boycott

In 2011, five members of the Olympia Food Co-op filed a lawsuit to end the Co-op’s boycott of Israeli-made products. In 2012, the trial court dismissed the lawsuit. Today the Washington State Court of Appeals affirmed the dismissal, stating as follows:

… the nonviolent elements of boycotts are protected by the First Amendment.

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year-end wrap-up: updates on 2012 posts

NDAA: On January 13, a group of journalists and activists sued President Obama regarding the National Defense Authorization Act of 2012, which Obama signed on December 31, 2011. Four months later, U.S. District Judge Katherine Forrest granted a preliminarily injunction barring enforcement of the NDAA section that allows indefinite detention of anyone who has “substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners.” Another four months passed before Judge Forrest granted a permanent injunction barring enforcement of that section; but the U.S. government appealed, and in October the Second Circuit Court of Appeals granted the government’s motion for a stay of Forrest’s injunction pending a decision on the government’s appeal. Meanwhile, the NDAA of 2013 could further expand the government’s power to hold people in military detention indefinitely.

RNC: The 2012 Republican National Convention protests were surprisingly calm. According to an August 31 New York Times article, no one broke windows, no tear gas filled the air, and only two people were arrested:

The lack of disturbances stood in stark contrast to the last three Republican conventions, when street battles between the police and protesters resulted in numerous arrests and prompted a flurry of court fights about police actions.

The number of protesters at this year’s RNC was smaller than expected due in part to Hurricane Isaac, the storm that caused Republican officials to cancel most proceedings scheduled for the first day of the convention.

Domestic Workers Bill of Rights: California Governor Jerry Brown displayed a lack of empathy predictable only among politicians by vetoing a bill of rights for domestic workers on September 30. Michelle Chen, a contributing editor at In These Times, describes what exactly Brown axed:

The highly anticipated Domestic Workers Bill of Rights would have enacted major protections for tens of thousands of housekeepers, nannies and other caregivers and closed loopholes ignored by federal labor law. It would have extended California’s policies for overtime pay and workers’ compensation, and helped ease in-house workers’ arduous, sometimes-abusive work routines by providing for a set amount of sleep and the ability to cook one’s own food.

Tim DeChristopher: After serving 15 months in prison, Utah climate activist Tim DeChristopher was admitted to a halfway house in Salt Lake City at the end of October. The local First Unitarian Church offered him a job with its social justice ministry. Yet a Bureau of Prisons official said he couldn’t work at the church because the job involved social justice, which was related to DeChristopher’s crime; so he accepted a job at a bookstore instead.

Pussy Riot: Two of the three infamous members of the punk collective Pussy Riot are now serving the rest of their two-year sentences at some of the harshest women’s penal colonies in Russia. (An appeals court released the third woman on bail in October.) They were transported there around October 23. According to an October 29 New York Times post by Masha Gessen, discussing several recent incidents of political repression in Russia,

Anyone can be arrested for legal, peaceful protest — and any one of those arrested can be chosen, at random, to spend days, months or years in prison.

One month later, on November 29, a Moscow court ruled that videos of Pussy Riot performances fell under a law meant to control hate speech. The New York Times reported the following:

The court called for limiting public access to Web sites and blogs displaying the videos. But the ruling is unlikely to cut off access to them, since it applies only to servers in Russia. … Thursday’s ruling cited “psycho-linguistic research” proving that the videos “humiliate various social groups based on their religious beliefs” and contain “hidden calls to rebellion and nonsubmission to authority.”

Jeremy Hammond: After anarchist hacker Jeremy Hammond was put in solitary confinement for five days around the time Hurricane Sandy hit New York City, U.S. District Judge Loretta Preska denied him bail. He has been incarcerated for more than nine months. A release from Anonymous subsequently reported that Judge Preska is married to a client of Stratfor, the very intelligence contractor whose servers Hammond allegedly gained access to, costing the company millions and focusing “worldwide attention on the murky world of private intelligence,” according to a November 2012 Rolling Stone article. Hammond’s attorneys are trying to get Preska removed as the judge in his case, because of her apparent bias.

the occupy movement is a response to social stratification; it’s not ‘economic terrorism’

Earlier this month, the ACLU of Northern California confirmed that the FBI has been surveilling the Occupy movement. The FBI refuses to produce further evidence because, according to ACLU staff attorney Linda Lye, “to the FBI, political protests about economic policy pose an unspecified threat to national security,” which is the agency’s excuse for keeping the documents under wraps. Oakland Mayor Jean Quan apparently agrees with the FBI, having labeled the tens of thousands of people who participated in an Occupy Oakland strike last November 2 as “economic terrorists.”

We now know the FBI was specifically monitoring that strike, which shut down most of the city’s businesses and the Port of Oakland – one of the busiest in the U.S. (Full disclosure: I participated.) This isn’t the only time politicians have deemed activists to be guilty of “economic terrorism.” Yet it shows that even supposedly progressive politicians will treat a wide range of protest activity as threatening or terroristic, with little to no regard for the extent to which activists play by the rules.

Whether or not people believe the Occupy movement has the right ideas or engages in effective methods of protest, it is a natural reaction to the increasing disparity between the rich and the poor. As the New York Times reported on Thursday,

The rich got richer and the poor got poorer in New York City last year as the poverty rate reached its highest point in more than a decade, and the income gap in Manhattan, already wider than almost anywhere else in the country, rivaled disparities in sub-Saharan Africa. … The wealthiest fifth of Manhattanites made more than 40 times what the lowest fifth reported, a widening gap (it was 38 times, the year before) surpassed by only a few developing countries, including Namibia and Sierra Leone.

Protest is a product of such disparity. There are situations in which protest and terrorism overlap, but Occupy encampments and demonstrations don’t qualify.