NLG Against Criminalizing Animal Activists

NLG Chicago, 30.10.2006 21:59

National Lawyers Guild opposes new Animal Enterprise Terrorism Act.

FOR IMMEDIATE RELEASE, October 30, 2006

CONTACT: Heidi Boghosian, NLG Executive Director, 212-679-5100, ext. 11
Marjorie Cohn, NLG President, 619-374-6923, marjorie@tjsl. edu

NATIONAL LAWYERS GUILD OPPOSES ANIMAL ENTERPRISE TERRORISM ACT
The National Lawyers Guild strongly opposes the Animal Enterprise Terrorism Act (H.R. 4239/S. 3880 (as amended and passed by the Senate)).

On September 29, the U.S. Senate unanimously approved S. 3880, the Senate version of the Animal Enterprise Terrorism Act (AETA). If enacted into law, the Act could define as a terrorist act any activity causing a business classified as an "animal enterprise" to suffer a profit loss—even if such financial decline is caused by peaceful protests, boycotts, media campaigns or leafleting.

The AETA contains vague and overbroad language that may be read to criminalize legitimate activities, such as an email campaign protesting actions of a corporation. Furthermore, laws already exist to penalize the kind of activities this Act targets, such as the 1992 Animal Enterprise Protection Act. The AETA will increase the likelihood of misguided prosecutions, and will also serve as a deterrent to a host of lawful, First Amendment protected activities.

Guild President Marjorie Cohn said, “The AETA could lead to the prosecution of undercover investigators, whistle-blowers and other activists as ‘terrorists.’ It defines ‘economic damage’ as including ‘the loss of profits.’ Such broad language puts all activists at risk; those activists who aren’t prosecuted under the AETA will still feel the chilling effect of its ‘terrorist’ language.”

The National Lawyers Guild has documented the government’s crackdown on First Amendment protected activities it its 2004 report “The Assault on Free Speech, Public Assembly, and Dissent.” In addition to enacting a host of unconstitutional practices at large rallies and demonstrations, the government is labeling certain activist activities as “terrorist” related, and levying harsher penalties for actions that are associated with political messages.

“The government is engaging in Orwellian newspeak by labeling activists as terrorists. It’s wrong to enact legislation that punishes the same action more severely if it is committed for political reasons. The AETA is a misguided and dangerous piece of legislation," said Guild Executive Director Heidi Boghosian.

The AETA was created by the lobbyist group American Legislative Exchange Council (ALEC) in association with the U.S. Sportsmen’s Alliance. ALEC has the support of over 300 large corporations, including those in the tobacco, petroleum, pharmaceutical and transportation areas. It works with right-wing entities such as the NRA, the Family Research Council and the Koch, Scaife, Bradley and Heritage Foundations to influence legislation to benefit its big business members and contributors. In 1999/2000 ALEC legislators introduced over 3,100 pieces of legislation, of which over 450 were enacted, all benefiting corporations.

The Guild was founded in 1937 as an alternative to the American Bar Association which excluded people of color. The Guild has a long history of representing individuals whose rights have been violated by governments in the U.S. and abroad. Its highly-respected Legal Observer program monitors First Amendment violations and defends activists around the country.
-30-

e-mail:: contact@nlgchicago.org
Homepage:: http://www.nlgchicago.org