Lmst

State by State Pending and recently passed #AntiProtestLaws: #Tennessee

SB 2570 / HB 2031: Heightened penalties for #protesters who block #streets and #highways

Significantly increases the penalty for knowingly or recklessly obstructing a street, highway, “or other place used for the passage of vehicles or conveyances.” Instead of a Class A misdemeanor, as provided by prior law, the offense is now a Class D felony punishable by at least 2 and up to 12 years in prison and a $5,000 fine. As written, the law's felony offense can cover protesters who block a street or make passage "unreasonably inconvenient" even if there are no cars on it. The felony offense can also seemingly apply to protesters who block a driveway or alley, even temporarily. The law also creates a new civil cause of action, such that anyone who knowingly or recklessly blocks a street can additionally be sued for civil damages.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2570&GA=113

Status: enacted

Introduced 23 Jan 2024; Approved by Senate 23 April 2024; Approved by House 23 April 2024; Signed by Governor Lee 9 May 2024

Issue(s): Civil Liability, Traffic Interference

SB 451 / HB 881: Mandatory penalties for expanded aggravated riot offense

Expands the definition of "aggravated riot" and creates new mandatory minimum penalties for that offense. To be convicted of "riot" under Tennessee law, a person only needs to knowingly gather with two or more people whose tumultuous and violent conduct creates "grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function." For instance, one could be held guilty of riot for merely joining a large protest in which there is isolated pushing, even if no one is injured. Under preexisting law, a person could be held liable for aggravated riot if they participated in a riot where someone was injured or substantial property damage occurred, even if the person did not commit any violence nor intended violence to occur. Under the law, a person may also be guilty of aggravated riot if they participated in a riot and either participated in exchange for compensation or "traveled from outside the state with the intent to commit a criminal offense." A "criminal offense" could include, for example, temporarily blocking a street as part of a protest. "Aggravated riot" is a Class E felony, which is punishable by up to 6 years in jail and a fine of $3,000; the law also introduces a mandatory minimum of at least 45 days of imprisonment.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0451&GA=112

Status: enacted

Introduced 8 Feb 2021; Approved by Senate 11 March 2021; Approved by House 28 April 2021; Signed by Governor 13 May 2021

Issue(s): Riot

HB 8005/SB 8005: Heightened Penalties for "Inconvenient" Protests and #ProtestCamps on State Property

The law heightens penalties for certain offenses that could encompass conduct by peaceful protesters. The law heightens existing criminal penalties for blocking a street, sidewalk, or "any other place used for the passage of persons, vehicles or conveyances" from a Class C to a Class A misdemeanor. Accordingly, protesters who obstruct or make it "unreasonably inconvenient" to use a street or sidewalk could face up to one year in jail. The law likewise heightens penalties for the existing offense of "obstructing" or "interfering with" a lawful meeting, procession, or gathering, from a Class B to Class A misdemeanor. Protesters who intentionally "interfere with" a meeting of the legislature or other government officials, including by staging a loud protest, could therefore face up to one year in jail. The law also targets protest encampments on the grounds of the Capitol and other areas by broadening the definition of "camping," and heightening penalties for camping on state property. As such, protesters who use or place any "piece of furniture," shelter, or structure on state property could be charged with a Class E felony, if they continue to do so 24 hours after receiving a warning. The offense would be punishable by up to six years in prison, a fine of $3,000, and restitution for any property damage. The law also amends Tennessee provisions on "riot," (which is defined broadly), including by requiring those convicted of "inciting" or "urging" a riot to pay restitution for any property damage incurred by the offense. When it was introduced, the legislation authorized the Tennessee Attorney General to intervene and prosecute offenses where there has been damage to state property, including those arising in the context of peaceful protests, if the district attorney declined to do so; however those provisions were removed prior to the law's enactment, and replaced with a requirement that district attorneys produce a report on such offenses and how they were dealt with.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB8005&GA=111

Status: enacted

Introduced 7 Aug 2020; Approved by House and Senate 12 August 2020; Signed by Governor Lee 20 August 2020

Issue(s): Protest Supporters or Funders, Riot, #TrafficInterference #Camping

SB 264: New penalties for protests near gas and oil pipelines

Creates new potential penalties for protests and demonstrations that "interrupt" or "interfere with" a pipeline or pipeline construction site. The law makes it a Class E felony for an individual to knowingly "destroy, injure, interrupt or interfere with" a #pipeline, pipeline facility, or related infrastructure, including if it is under construction. The offense is a Class E felony, punishable by up to six years in prison and a $3,000 fine. As introduced, the law provided that an individual or organization that causes or "aids" damage or interference would likewise be guilty of a Class E felony, however these provisions were amended out prior to the law's passage.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0264&GA=111

Status: enacted

Introduced 29 Jan 2019; Approved by Senate 18 Feb 2019; Approved by House 30 April 2019; Signed by Governor Lee 10 May 2019

Issue(s): #ProtestSupporters or Funders, #Infrastructure

SB 0902: New penalties for protesters who block traffic

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street "including in the course of a protest" and in doing so interferes with an emergency vehicle's access to or through the highway or street. "Emergency vehicle" is broadly defined as "any vehicle of a governmental department or public service corporation when responding to an emergency," a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways.

Full text of bill:
https://legiscan.com/TN/text/SB0902/2017

Status: enacted

Introduced 9 Feb 2017; Governor Haslam signed into law 12 April 2017

Issue(s): #TrafficInterference

SB 672 / HB 729: Felony penalties for blocking traffic or pedestrians

Would significantly increase the penalty for “obstructing” streets, sidewalks, and other public passageways, such that demonstrators in a variety of public locations could face felony charges. Current Tennessee law prohibits intentionally, knowingly, or recklessly blocking or making passage “unreasonably inconvenient” on public streets, sidewalks, elevators, aisles, or “any other place” used for passage of people or vehicles. Under the bill, that offense would be a Class E felony, punishable by up to six years in prison, rather than a misdemeanor. As such, demonstrators in a protest that made it “unreasonably inconvenient” for someone to use a sidewalk or access a public building could be arrested and charged with a felony. If protesters blocked or impeded passage on a highway, it would be a Class D felony, punishable by up to 12 years in prison.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0672

Status: pending

Introduced 31 Jan 2025.

Issue(s): Traffic Interference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #SlowMarch #PipelineProtests

#HR1057: Penalties for #protesters on #InterstateHighways

"Would create steep new penalties for #protesters deemed to be 'deliberately delaying traffic,' 'standing or approaching a motor vehicle,' or 'endangering the safe movement of a motor vehicle' on an interstate highway 'with the intent to obstruct the free, convenient, and normal use of the interstate highway.' The new federal offense would be punishable by up to $10,000 and 15 years in prison—a far harsher penalty than is the case under many states' laws, which generally already criminalize walking or standing on the highway. The bill provides an exception for 'any lawful activity' authorized by federal, state, or local law. However, it could still seemingly cover far more than 'blocking' the interstate, including a #PeacefulProtest on the shoulder of an interstate or a convoy-style, driving protest that slowed traffic. The sponsor of the bill made clear that it was in response to protesters. The same bill was introduced as HR 7349 in 2024.

Status: pending

Introduced 6 Feb 2025.

Issue(s): Traffic Interference

Press release by bill sponsor Rep. #MikeCollins (GA-10):
https://collins.house.gov/media/press-releases/representative-mike-collins-reintroduces-safe-passage-interstates-act

Full text of bill:
https://www.congress.gov/bill/119th-congress/house-bill/1057
#CriminalizingDissent #AntiProtestLaws #Authoritarianism #Fascism #Clampdown #CiminalizingProtest #Section25 #JustStopOil #SlowMarch #CharacteristicsOfFascism

#MarchaLenta
#SlowMarch

https://vimeo.com/943308098

Ontem marchámos várias horas em Lisboa porque não podemos continuar a conseguir com a crise climática.

Ao mesmo tempo milhares de pessoas são afetadas no Brasil pelas cheias.

Os governos e empresas declararam guerra contra as pessoas e o planeta. Vais consentir ou vais agir?

Dia 9 de maio vem à apresentação pública às 19h. Se não podes, preenche o formulário de participação online, há muitas formas de entrares em resistência!

#MarchaLenta
#SlowMarch

Nas assembleias de abril decidimos em assembleia popular quais as reinvindicações para o protesto de hoje.🌹

Esta é o sexto protesto no espaço de 1 semana. 💥

Dia 9 de maio, às 19h00, vem ter connosco na GAIA Lisboa para te juntares aos próximos passos da luta contra a destruição de tudo o que amas. 🔥

Ativista dando uma palestra organicamente, a utilizadores de transportes públicos

#MarchaLenta
#SlowMarch

Hoje foram dezenas a marchar em passo lento em Lisboa durante mais de 3 horas. Temos de parar a banalização da violência e mortes associadas à crise climática, temos de lado a lado resistir e garantir as medidas essenciais à sobrevivência, como o fim de novos projetos que aumentem emissões, de investimentos públicos em combustíveis fósseis e a garantia de que sejam os mais ricos a pagar a transição necessária. ✊

Curiosas com a marcha lenta, lendo panfletos

Condutor a receber panfleto na marcha lenta

#marchaLenta
#slowMarch

Vídeo da ação de ontem:

https://vimeo.com/940380985

Tal como no passado, só a resistência climática popular pode mudar o sistema para parar o colapso climático, colocando a vida acima do lucro.

Vem à apresentação pública de dia 9 de Maio no GAIA- Alfama e vem fazer parte da resistência

#marchaLenta
#slowMarch

Apoiante do climáximo a ser detida no decorrer da marcha lenta

#marchaLenta
#slowMarch

Existem muitas tarefas diferentes na luta para travar o colapso climático, todas as pessoas fazem falta e fazem a diferença!

Os nossos pais e avós não esperavam que o ditador pusesse fim à ditadura e à guerra colonial. As pessoas resistiram. Hoje é o dever de todas as pessoas parar a guerra que os governos e a indústria fóssil declararam contra nós

#marchaLenta
#slowMarch

Hoje, 4 apoiantes do Climáximo marcharam lentamente pela rua dos Sapadores, em Lisboa. Mesmo tendo sido convocada e várias pessoas no passeio terem demonstrado o seu apoio e se terem juntado à marcha a PSP deteve 2 pessoas.

Nesta semana a Galp anunciou um novo projeto de morte na Namíbia. Não podemos consentir com as ações de violência premeditadas e coordenadas de empresas e governos.

Hoje 4 pessoas, dos 22 aos 48 anos, iniciaram uma marcha lenta, previamente convocada, ao longo da Rua dos Sapadores, para alertar a sociedade que é nossa a responsabilidade de não consentir e parar a guerra que nos foi declarada pelos governos e empresas

Várias pessoas aplaudiram do passeio a ação. Outras juntaram-se ao protesto. Apesar de se tratar de uma marcha pacífica e previamente comunicada, a PSP tentou limitar a mesma e deteve duas manifestantes

I'm not knocking the Grecians here, but I do find it fascinating that a crowd of football fans can block a road with a #SlowMarch on the way to a match and get indulgent nods and smiles, but if they were calling for clean air, better insulation in a time of #FuelPoverty and #ClimateCrisis or an end to the bombing of Gaza there would be immediate calls to lock them up for the disruption they're causing.

#RightToProtest #UKPol #JustStopOil #InsulateBritain #ExeterCity

A crowd of mostly young, mostly male, Exeter City FC fans marching down a road, chanting and waving a banner saying something about Gary Caldwell

The tail end of the same march, showing what I'd estimate to be 50-60 people. There is a police car parked on the corner nearby and they are being watched by a single police officer, but his pose is casual and he doesn't look particularly concerned

#Wetsuweten Law Cannot ‘Coexist’ with BC Court Order, Judge Determines
Chief Dsta’hyl has been found guilty of criminal contempt.

by Amanda Follett Hosgood, #TheTyee

21 Feb 2024

"Wet’suwet’en hereditary leaders have opposed #pipeline construction through their traditional territory since before the #CoastalGasLink pipeline project was first proposed. In December 2018, the B.C. Supreme Court issued an interim injunction to the company, which prohibited anyone from blocking pipeline access roads or work sites. A year later, on Dec. 31, 2019, the court granted a permanent injunction for the duration of the project.

[...]

"Last month, Tammen determined there was sufficient evidence to convict three #Indigenous #LandDefenders — Sleydo’ Molly Wickham, Shaylynn Sampson and Corey Jocko. They were arrested the day after Dennis and later charged with criminal #contempt. Hearings have begun into an application by the defence to stay the charges based on police conduct during the arrests.

"#ChiefDstahyl’s arrest took place in October 2021, after a series of interactions with Coastal GasLink workers and security contractors on the Shea Forest Service Road on Likhts’amisyu Clan territory.

"During those interactions, Dsta’hyl and others blocked access to a work camp and 'seized and rendered inoperable' multiple pieces of machinery belonging to Coastal GasLink contractors by cutting electrical wires and removing batteries, according to evidence presented during the trial.

"When Dsta’hyl was arrested, he had four batteries from heavy machinery in the back of his pickup truck, the judge said.

"'There is little dispute concerning the basic facts,' Tammen said, noting that video evidence documenting the incidents was presented during the trial.

"'Chief Dsta’hyl, acting as an enforcement officer for the Likhts’amisyu Clan, participated in the decommissioning of a piece of heavy equipment owned by a CGL subcontractor on Oct. 17, 2021. That action consisted of removing the battery from the equipment, an excavator, thus rendering it inoperable.'

"Witnesses for the defence included other #Likhtsamisyu Chiefs, who described the Wet’suwet’en traditional clan system and its role in governing the traditional territory. Among the Chiefs’ duties is preservation and protection of the traditional territory, or #yintah, Tammen said.

"Tammen also summarized the Wet’suwet’en law of trespass, something described in detail by defence witnesses, saying permission is required to access territory belonging to a house group 'beyond just passing through it.'

[...]

"Criminal contempt penalties can include fines or imprisonment. Sentencing has been set for 9 a.m. on March 6."

https://thetyee.ca/News/2024/02/21/Wetsuweten-Law-Cannot-Coexist-BC-Court-Order/

#SLAPPs #IndigenousActivism #BigOilAndGas #CorporateColonialism #IndigenousLandDefenders #LandBack #2023PublicOrderAct #DirectAction #ACAB #Fascism #CriminalizingDissent #WaterIsLife #WaterProtectors #ForestDefenders #ClimateActivists #ClimateJustice #EcoActivists #HumanRightsViolations #Article20 #RightToProtest #SlowMarch

Gantry climber, #CressieGethin 22, found guilty

Court & Prison, Press / February 19, 2024

#JustStopOil supporter and gantry climber, Cressie Gethin, has been found guilty. Cressie took action in July 2022, demanding the UK government immediately halts all licensing and consents for new fossil fuel exploration and extraction.

The trial began on the 5th February at Isleworth Crown Court, with Judge Duncan presiding. The jury has found Cressie guilty by a majority of ten to two. Cressie, 22, a music student from Hereford, will be sentenced on the 3rd of May with two others. They face a possible ten year custodial sentence. [2]

During the trial Cressie was prevented from talking about her reasons for taking action and was denied any legal defence by the judge. The court heard a witness testimony from acclaimed naturalist and television presenter, Chris Packham, who commented that those taking action like Cressie “should be commended for sounding a vital alarm”. He added: “I am attending court to support Cressie Gethin because I don’t think she is getting a fair trial. I think, along with the UN, that the UK’s protest laws and sentencing of protesters are unjust, draconian, and in conflict with our basic human rights.”

Cressie climbed a motorway gantry above the M25 on the 20th July 2022, two days after the governments’ net zero strategy was declared unlawful, and one day after the UK recorded its highest ever temperature of 40.3 degrees celsius, a milestone that scientists previously thought was impossible. 61,000 excess deaths were recorded across Europe as a result of the extreme heat that summer, whilst the UK government continued to licence new oil and gas. [5]

Speaking before the action in 2022, Cressie said:

“I am terrified by the extreme heat in the UK this week, knowing that this will only get worse as we continue to extract and burn more and more fossil fuels. This country has the technology and money to begin a just and rapid transition to renewable energy immediately, but our government refuses to do so. I feel it is my duty as a human being to demand change in a way that cannot be ignored.

Thousands of people will die this week as a result of the extreme temperatures we are experiencing in the UK. We are in this situation because of increasing global temperatures caused by the emissions from burning fossil fuels. Against this backdrop, the UK government plans to open new oil and gas fields. I am dumbfounded by their negligence.

I am thinking of the countless people across the country and abroad who are now experiencing illness and death as a result of the climate crisis. People are angry that our government is continuing down the path of destruction, and we will not simply stand by and let this happen.”

A Just Stop Oil spokesperson commented:

“It would be extremely convenient for everyone if the climate crisis could be removed from our lives by the ruling of a Judge. If we could imprison the wildfires, if we could arrest famines, or if we could legislate against the rising sea waters that will leave parts of Britain submerged, that would be a fantastic outcome – but the reality is that we can’t and rapid decarbonisation is the only way of preventing these horrifying outcomes.

However, the judiciary – like the police – is proving to be an effective arm of the oil and gas industry, by silencing and imprisoning members of the public taking nonviolent action against climate collapse. Future generations will be disgusted by rulings such as this.”

As the world passes tipping points that threaten the breakdown of ordered civilization, world leaders, captured by the interests of oil lobbyists and big business, are failing to protect our communities. British citizens are sick of being led by liars and crooks. Until we stop Tory oil, supporters of Just Stop Oil will continue taking proportionate action to demand necessary change. Sign up for action at juststopoil.org.

https://juststopoil.org/2024/02/19/gantry-climber-cressie-gethin-22-found-guilty/

#SLAPPs #2023PublicOrderAct #DirectAction #ACAB #Fascism #CriminalizingDissent #WaterIsLife #BigOilAndGas #WaterProtectors #ForestDefenders #ClimateActivists
#ClimateJustice #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch

#GretaThunberg cleared after unlawful protest arrest

2nd February 2024, 01:49 EST

"Greta Thunberg and four co-defendants have been found not guilty of breaking the law when they refused to follow police instructions to move on during a #ClimateProtest.

"District Judge John Law threw out a public order charge due to 'no evidence' of any offence being committed adding police attempted to impose 'unlawful' conditions.

"The 21-year-old was arrested at a #ClimateCrisis demonstration near the InterContinental Hotel in Mayfair on 17 October.

"The judge said that the conditions imposed on protesters were 'so unclear that it is unlawful'.

"He added that it meant that 'anyone failing to comply were actually committing no offence'."

#DirectAction #ACAB #Fascism #CriminalizingDissent
#WaterIsLife
#WaterProtectors
#ForestDefenders
#ClimateActivists
#ClimateJustice
#CorporateColonialism
#EcoActivists
#Censorship
#HumanRightsViolations
#Article20
#RightToProtest
#SlowMarch #BigOilAndGas #SLAPPs #2023PublicOrderAct

The right to #protest is under threat in #Britain, undermining a pillar of democracy

By JILL LAWLESS
December 26, 2023

LONDON (AP) — "For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading '#JustStopOil' off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.

"They are among hundreds of #environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.

"The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say #CivilRights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful #demonstrators, along with government officials labeling #EnvironmentalActivists #extremists, mark a worrying departure for a liberal democracy.

"'Legitimate protest is part of what makes any country a safe and civilized place to live',' said Jonathon Porritt, an #ecologist and former director of #FriendsOfTheEarth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.

"'The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.'"

#DigitalFreeSpeech #DirectAction #Fascism #CriminalizingDissent #WaterIsLife #WaterProtectors #ForestDefenders #EnvironmentalActivists #ClimateActivists #ClimateJustice #SilencingDissent #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch #BigOilAndGas #SLAPPs #AbolishTheMonarchy #2023PublicOrderAct

Wired: How to Protest Safely: What to Bring, What to Do, and What to Avoid

If you’re planning on hitting the streets, here’s what you need to know.

by Louryn Stramp and Lauren Good
June, 2022

"Reproductive rights in America have drastically changed. The US Supreme Court has overturned Roe v. Wade, which opens the doors to states criminalizing abortion and blocking access to information about it. Certain legal experts note that the language used in the current draft from Justice Samuel Alito could further erode protections surrounding birth control, gay marriage, and interracial marriage, which implies additional civil rights are under threat.

"This guide to safe protesting was originally written in 2020 during the nationwide outcry over police brutality, which overwhelmingly targets Black people like George Floyd, Breonna Taylor, and Tony McDade. Whether you’re marching for racial justice, reproductive rights, or climate conservation, our advice applies to most protests.

"If you're thinking about joining a protest near you, there are some crucial factors to consider: Police brutality is an abstract concept for some but a stark reality for others. Similarly, few people think about abortion access until they need it. There are ways you can contribute to police brutality causes or to abortion funds and independent clinics if you don't feel safe protesting or are otherwise unable to physically do so. You can also donate time to community groups, drop off supplies for protests, or contact local legislators.

How to Protest Safely in the Age of Surveillance

"That being said, protesting is a right of all Americans under the First Amendment (more on that below). Before you head out, you should know that police across the country have acted with unnecessary force, including driving vehicles through crowds, partially blinding a photojournalist, and macing children. The list goes on and on.

"If you still want to join in, we've gathered some advice, as well as a list of items you may want to bring with you. Be careful, and stay safe.

Table of Contents

- What to Bring (and Not Bring) to a Protest
- Before You Leave
- Know Your Rights
- While You're at the Protest
- What to Avoid
- What to Do If …
- After the Protest

Internet Archive:
https://web.archive.org/web/20230112051520/https://www.wired.com/story/how-to-protest-safely-gear-tips/

#DigitalFreeSpeech #DirectAction #Fascism #CriminalizingDissent #WaterProtectors #ForestDefenders #EnvironmentalActivists #ClimateActivists #ClimateJustice #SilencingDissent #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch #BigOilAndGas #SLAPPs

#Toolkit: #Protest #safety tips from #Greenpeace

"Protest is a powerful strategy to demand #justice. Greenpeace has been holding and supporting protests around the world for nearly 50 years. Because of this, we’ve received requests and messages asking for advice on protest tactics, digital, and physical security against #militarized #police forces. While we have compiled this from a US point of view where this Greenpeace team is based, we hope some of what is here is helpful beyond the US.

"We are continuously learning, learning from mistakes, learning from each other. The #activists that make up our Greenpeace community, also come from many protest practices and methods, including #Indigenous-led resistance to #FossilFuel #extraction, the #ImmigrantRights movement, the Movement for Black Lives, [#BLM] and others. We wanted to share some of our learnings so that you can join us in protests that demand systemic changes from fighting for #ClimateJustice to dismantling #WhiteSupremacy. We support you and are fighting with you.

"We want to acknowledge that there are many different types of protest tactics, and that this is not an exhaustive list. We also want to acknowledge that communities of color, especially Black communities and other non-Black Indigenous and communities of color, are policed differently than white communities.

"When we protest we have an opportunity to demand the world we need and to understand how the issues we face are interconnected. As we fight for environmental justice, we show up for racial justice, Indigenous rights, immigrant rights, disability rights and more. While this guide focuses on protests, even if you are not able to join us in the street you can support those who are protesting by providing supplies, donating to bail funds, providing rides, having important conversations with your coworkers, friends, families, and neighbors.

"Also, we want to remind you that we are not your lawyers. This is not legal advice, any tips contained here are only to assist you in thinking through how to engage in protest activity. We urge you to connect with your local organizing and legal community for additional support."

https://www.greenpeace.org/usa/toolkits/protest-safety-tips-from-greenpeace/

#DigitalFreeSpeech #ACAB #DirectAction #Fascism #CriminalizingDissent #WaterProtectors #ForestDefenders #EnvironmentalActivists #ClimateActivists #ClimateJustice #SilencingDissent #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch #BigOilAndGas #SLAPPs

Protecting #Activists from #AbusiveLitigation

#SLAPPs in the #GlobalSouth and How to Respond

PUBLISHED: JULY 2020

"In #Thailand, an agricultural company files more than a dozen suits against at least 20 #defendants, targeting #workers, #journalists, and #activists who had spoken out against alleged #LaborAbuses at the company’s chicken farm. In #India, an association of #pesticide manufacturers brings a civil defamation suit against #journalists that had reported on the harmful #health and #environmental effects of pesticide use. In the #Philippines, a #mining company files suit against 85 defendants who had conducted a #PeacefulProtest near the company’s mining site, after the company’s own security forces used #lethal violence against the #protesters. In #SouthAfrica, an #Australian mining company files suit against environmental activists who had criticized a company mine during a lecture at a local university.

What do these suits have in common? They are all “#SLAPPs,” or “Strategic Lawsuits Against Public Participation”: suits filed not to secure relief, but to use the risks and costs of litigation to defuse criticism and opposition and discourage the exercise of fundamental freedoms. SLAPPs have long been prevalent in the #Globa North, but SLAPPs are also being used in the Global South to silence activism.

"In Protecting Activists from Abusive Litigation: SLAPPs in the Global South and How to Respond, ICNL presents the first cross-regional survey of SLAPPs in the Global South, along with the first rigorous comparative analysis of anti-SLAPP policy responses undertaken in the Global North and the Global South. Our survey shows that SLAPPs pose a serious threat to the exercise of fundamental freedoms in the Global South, particularly for activists, civil society organizations, journalists, and community members who dare to criticize powerful entities.

"Our survey, which is far from comprehensive, has identified 82 reported SLAPPs filed in Thailand, India, the Philippines, and South Africa – the most fertile fields for Southern SLAPPs – as well as #Indonesia, #Malaysia, #Armenia, #SierraLeone, and #Honduras. Key features of SLAPPs in our sample include:

- Half of the cases in our sample (41 cases) involved criminal proceedings.
- The most frequent SLAPP targets in our sample were activists and civil society organizations (CSOs) (38 cases, or 46%); journalists and publishers (17 cases, or 21%); and leaders and members of local communities (15 cases, or 18%).
- Nearly all of the cases in our sample – 75 cases, or 91% – were brought by private companies or company officials, with 34 of these cases (41%) brought by mining companies and 28 cases (34%) brought by companies associated with agricultural operations.

"Where the cause of action or charge was reported, the suit was based at least in part on a defamation charge, either civil or criminal, in 66 of 75 cases (88%).

"Of the 33 suits in our sample brought as civil actions, claims in 17 cases (52%) exceeded 1 million USD, with the average claim exceeding 10 million USD."

Full article:

https://www.icnl.org/post/report/slapps-in-the-global-south-report

#HumanRights #Whistleblowing #DigitalFreeSpeech #DirectAction #Fascism #CriminalizingDissent #WaterProtectors #ForestDefenders #EnvironmentalActivists #ClimateActivists #ClimateJustice #SilencingDissent #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch #BigOilAndGas

#SLAPPs In Europe: How The #EU Can Protect Watchdogs From #AbusiveLawsuits

In their new policy paper, #Liberties and other rights and #pressfreedom groups explain why abusive lawsuits (SLAPPs) against watchdogs and journalists threaten #democracies in Europe and what governments and the EU should do tackle it.

by Linda Ravo
January 13, 2022

"The European Commission is set to shortly unveil its proposal for EU-wide measures against SLAPPs. In a new policy paper published today, Liberties and other rights and press freedom groups which form the Coalition Against SLAPPs in Europe (#CASE), explain what SLAPPs are, how big of a threat they are to watchdogs in Europe, and propose what governments and the EU should do tackle the problem.

Censorship by litigation

"Citizens are supposed to be in charge of their democracies. #Watchdogs like #journalists, #rights #defenders and #activist groups are key to enable citizens to get informed, shape their opinions, and keep an eye on people in power to make sure they do what is best for all of us.

"As we explain here, SLAPPs (an acronym which stands for 'strategic lawsuit against public participation'), are a form of abuse of law and justice that #corrupt politicians and powerful #businesses across Europe increasingly make use of to #harass, #bankrupt and intimidate #journalists, activists and other watchdogs into silence. Helped by expensive and unscrupulous law firms, they sue them on grounds of meritless and abusive claims with the purpose of shutting down acts of public participation, including public interest journalism, #PeacefulProtest or #boycotts, #advocacy, #whistleblowing, or simply speaking out against abuse of power."

https://www.liberties.eu/en/stories/slapp-case-submission/43948

#Lawsuits Have Become the Weapon of Choice Against #Activists

Legal intimidation suits known as “#SLAPPs” are becoming the norm for private #corporations and #governments trying to silence those who speak out on matters of public interest.

by Katie Redford
July 17, 2023

“On May 31, #Atlanta #SWAT teams with riot gear and battering rams broke down #MarlonKautz’s door. Police dragged Kautz and two colleagues to jail in their pajamas, charging them with #MoneyLaundering and charity fraud.

“Kautz, Adele MacLean, and Savannah Patterson, are volunteer board members of the #NetworkForStrongCommunities Inc., which was incorporated in 2020. Through it, they are able to raise funds for the #AtlantaSolidarityFund (#ASF). Since 2016, the fund has bailed out people arrested in #Georgia while exercising their First Amendment right to protest and helped them find legal help.

“Recently, the ASF has supported Atlanta activists who have been protesting a new $90 million police training center known as '#CopCity,' arguing that it will rob Atlanta of a #VitalGreenLung and increase inequality in surrounding neighborhoods. The state of Georgia, on the other hand, has charged dozens with 'domestic terrorism' for participating in largely peaceful protests.

“Georgia authorities claim that the money laundering charge is based on evidence of a fund transfer to another organization, but they haven’t shared any other details about their allegations. Magistrate Judge Altman, who presided over the bail hearing, described the state’s evidence as 'unimpressive,' reinforcing the defendants’ claims that the arrests are politically, not legally, motivated.

“Shortly after the arrest, Governor Brian Kemp announced that the state would go after everyone involved, and Attorney General Chris Carr tweeted that the funders of the bail and legal defense fund were next. As an executive director at a climate philanthropy who made charitable donations to the ASF for legal defense, I had to wonder: Was my door going to be battered down next?

“Some of the accused may have trespassed or destroyed property, but to charge protesters with 'domestic terrorism' and a legal defense fund with money laundering is a cynical political act that bears no relation to the misdemeanors alleged. Any American committed to democracy should be interested in making sure these charges lose in both the court of law and the court of public opinion.

“These charges seek to silence and stop opposition to an unpopular development project. They also telegraph a message to others in the state and nationwide: We will not tolerate lawful protest in Georgia. This strategy is known as strategic litigation against public participation (SLAPP), which is an intimidation lawsuit, typically used by private corporations against those who speak out on matters of public interest. Various state governments are increasingly deploying this tactic, too.

“SLAPPs don’t usually win in court, but that’s not what they’re intended to do. Instead, they set out to threaten activists and drain the financial resources of social movements. They often unfold as years-long wars of attrition, where corporations and governments with disproportionately large resources grind down the financial, emotional, and legal capacities of activists. The threat of such a suit—typically brought against individuals or groups that confront powerful people or institutions—discourages free speech and association, chilling democracy itself.

“As a lawyer on the front lines of climate justice activism, I witnessed firsthand how a SLAPP was used to weaponize the law against free speech and association. During the mass protests by Indigenous water protectors and environmentalists campaigning against the construction of the Dakota Access Pipeline, SLAPPs were used widely.

“As #StandingRock became a global cause célèbre, the pipeline’s owners brought a $900 million #racketeering case against individuals and #NGOs like #BankTrack and #Greenpeace, alleging a vast global conspiracy to damage the company’s reputation and bottom line through fraud and #defamation.

“A federal court ultimately dismissed the lawsuit. But despite its eventual failure in court, the SLAPP tactic served its intended purpose: intimidation. #KrystalTwoBulls, one of the Standing Rock organizers that my organization represented, said that being sued tangled her up, practically and emotionally, in a legal battle that diverted her attention, taking her away from her work on the climate crisis and #Indigenous #LandRights.

“She began to #censor herself; she withdrew from her community and the movement, fearing that conspiracy allegations might extend to anyone she touched. And that, of course, is the point of these suits: to send out the message to either shut up or suffer the consequences.

“The case against #Kautz in #Atlanta similarly seeks to spark fear in activists and donors against supporting #FirstAmendment rights and legal defense. There is reason to believe that prosecutors may also be preparing #RICO charges against anti–Cop City activists, another dangerous use of the legal system to quell #grassroots movements.

“Since Standing Rock, over 20 states have passed '#CriticalInfrastructure' laws, which dramatically increase civil and criminal penalties related to protests at or near #FossilFuel projects. #DomesticTerrorism laws like that in Georgia have a similar intention: to weaponize the legal system against critics and stifle #DissentingVoices.

“I have no doubt that the majority of the domestic terrorism charges around Cop City will fail. But in the process, a political point will have been made, at the expense of the constitutional right to free speech. People protesting to protect the #environment and #climate will have been publicly accused of being harmful to America’s security, and they will have been forced to defend themselves—likely at exorbitant cost—against a 30-year jail sentence. Other potential activists will surely remember these charges when they consider whether it’s worth it to attend a concert, sit-in, or protest.

"The best strategy for stopping SLAPP suits in their tracks, whether they emanate from the private sector or are used by the state, is to keep speaking out, to support defamed activists, and to make the litigants pay a price. About 30 states have introduced legislation that protects against SLAPPs. And last year, #Jami Raskin introduced the #SLAPPProtectionAct of 2022 to #Congress. It must be reintroduced.

“My organization, #EquationCampaign, created a fund to provide lawyers and legal support for people who face this kind of legal retaliation for their environmental and climate work. I’m astonished at the wide range of people who need our help: from #farmers and ranchers to #journalists and #IndigenousActivists. All of them are on the receiving end of David vs. Goliath legal tactics that have long served powerful interests with near-endless resources.

“Absent federal protections, we all must be vigilant in the face of the egregious proliferation of #antiprotest laws and lawsuits.

“#Democracy and the future of this #planet require people to speak up. The law should serve—not silence—those of us who do."

https://www.thenation.com/article/activism/slapp-legal-intimidation-activists/

#ForestDefenders #DefendTheForest #StopCopCity #DirectAction #Fascism #RICO #CriminalizingDissent #WaterProtectors #EnvironmentalActivists #ClimateActivists #ClimateJustice #SilencingDissent #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch #BigOilAndGas #EnvironmentalRacism #NoDAPL #DakotaAccess #StandingWithStandingRock

How #corporate #SLAPP lawsuits endanger our rights and the #planet

by Chris Greenberg
25 April 2023

"Hope creates the conditions for #ClimateAction. And climate action nurtures hope. Just as hope and action have a reinforcing relationship, so do fear and silence.

"The #polluting #corporations who put #profits over people and the planet know this and they use their resources to intimidate, to instill fear, and ultimately to silence the people directly impacted by their short-sighted, extractive greed.

"#SLAPPs, a type of abusive lawsuit, are a key tool used by corporate power to suppress #FreeSpeech and people power. These cynical lawsuits can force non-profit organizations like #Greenpeace International to divert precious resources away from campaigning for a more just and sustainable society. Perhaps even worse, SLAPPs can intimidate targets from challenging powerful corporations in the future.

"Every SLAPP, regardless of the defendant, is an attack on everyone who believes in the power of free speech and the right to #PeacefulProtest. No one should be bullied for speaking up on behalf of people and the planet.

"But CorporateBullies beware!

"In a massive win for free speech, a US federal court recently dismissed a seven-year lawsuit brought by #ResoluteForestryProducts against a number of Greenpeace staff members and entities, including #GreenpeaceInternational and #GreenpeaceUSA. The #Canadian #logging company sued the Greenpeace defendants for CA $100 million in an attempt to silence and bankrupt them, after criticism of its #unsustainable #forestry practices.

"Let’s take a closer look at SLAPPs so you can recognize them when you see them:

"What does #SLAPP stand for? SLAPP stands for '#StrategicLawsuitAgainstPublicParticipation '. These lawsuits are used by #corporations attempting to diminish or even stop public participation in civil society. SLAPPs often lack any kind of merit, and don’t need to result in a legal victory to achieve the outcome desired by corporate bullies.

"SLAPPs waste time and cause financial and sometimes #PsychologicalHarm to targeted individuals and organisations who have to hire #lawyers and engage in costly #LegalBattles, sometimes to the point of facing bankruptcy. These lawsuits attempt to silence free speech and limit peaceful #dissent by using litigation as a tool for deterring non-violent protest and even documenting and bearing witness."

#SlowMarch

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