No More Arrests for Peaceful Protests, Part 2

July 1, 2009
Activists,
Subject: No More Arrests for Peaceful Protests

Following up from my previous posts the last few days a couple
of you have informed me that back in 2002 there was a campaign in California
with legislation for a much better environment and less severe arrest penalties
for activists/protestors.

The legislation, SB 1796 passed the Senate only to be vetoed by
governor Gray Davis and ended there.

The Campaign was touched off by the events of September 11, 2001,
the attack on the World Trade Center in New York City and the
repressive reactions of the Bush Administration and Justice Department.

Nevertheless the experience of that effort is available to us now.
Below I've taken various writings from the campaign website,
www.justdissent.org , which gives us much legal and historical
background on the issues of peaceful protest and civil disobedience.
I suggest looking this over and/or visiting the website.

Also, Jack Cohen-Joppa of NuclearResister.org has said this about
their work since 1980, "As editors of the Nuclear Resister, we have chronicled,
as comprehensively as possible, tens of thousands of anti-war related arrests in
hundreds upon hundreds of actions across the entire USA since 1990, and
anti-nuclear related arrests since 1980.

In most instances we have also reported the subsequent legal consequences.
Some of this information is available on databases we can share, the rest is
chronicled in each issue of the Nuclear Resister."

So, the call, No More Arrests for Peaceful Protests, is being heard.
arn specter, phila.
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Table of Contents:
1. how official actions by police, prosecutors and courts might stifle important
and legitimate dissent
2. SB 1796: The Non-Violent Civil Disobedience Protection Act in
California, with Governor Gray Davis, 2002
3. SB 1796, Polanco. Political expression, 2002
4. List of people and organizations involved in the Campaign
5. Start Your Own JustDissent™ Movement Locally:
6. List of articles and essays, linked on the website
including Civil Disobedience by Henry David Thoreau

www.justdissent.org
1. how official actions by police, prosecutors and courts might stifle important
and legitimate dissent

As the tragic events of September 11 so vividly underscore, we have entered
a period of very troubling times, when our places of business, our homes, our lives,
our families, are threatened by unseen, unknown, unsuspected foreign terrorists in
our midst. Just as troubling, our own fears may threaten the fabric of the very traditions,
laws and legal protections that helped create this country -- and which ensure its health
and vitality.

Peaceful protest and non-violent civil disobedience are critically important parts of our
heritage. The cost of losing them would be incalculable. And the price of restoring them
might well prove beyond our means.

Think of the long-standing tradition of peaceful protest in our democracy, and ask
yourself how the following official actions by police, prosecutors and courts might stifle
important and legitimate dissent -- and remember, all these have happened recently:

* Excessive fines levied on students and the poor who demonstrate peacefully.
* Exorbitant bails -- some as high as $1 million -- keeping peaceful protesters in prison.
* Felony charges used to threaten or punish protesters with loss of voting rights and jobs.
* Federal RICO and domestic terrorist legislation employed to stigmatize peaceful protesters.
* Permits to protest denied for legitimate protests by activist groups.
* Trespass and other false charges fabricated by police.
* Charges of "Interfering with a religion" used to prosecute protesters.
* Police granted immunity from lawsuits, leaving them free to abuse protesters' rights.
* Adults prosecuted for bringing minor children to protests.
* "Zero tolerance" rules which expel students who participate in nonviolent protests.
* Use of court orders to stifle future legitimate and non-violent protests.
* Long sentences in overcrowded and inhuman conditions meted out to protesters
* Seizure of organizations' bank accounts so that members who protest can be fined.
* Protesters arrested and held without charge, preventing them from further protest.
* Use of racial and other biases in the arrest and prosecution of protesters.
* Unjustified force (tear gas, pepper spray, bean bags) is used against peaceful protesters.
* Legal distinctions blurred between violent and nonviolent protest, so that all protesters
are demonized as "anarchists," "hoodlums" and "domestic terrorists."
* Pre-protest surveillance, infiltration and investigations to identify, arrest and detain nonviolent protesters prior to protest.
* Police entrapment used to fabricate grounds for arrest and charges.
* 'Going limp' -- a traditional posture of nonviolent protesters -- interpreted as "resisting arrest,"
a more serious crime.
* "National security" invoked arbitrarily against peaceful protesters.
* Permits denied to activist groups to keep them from gathering on public lands.
* And nonviolent protesters barred from talking about their causes or motives during trial.

© 2001 Just Dissent™. All Rights Reserved. All articles copyright original author(s).
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2. SB 1796: The Non-Violent Civil Disobedience Protection Act
BILL NUMBER: SB 1796
ENROLLED,SENT TO GOV. DAVIS FOR SIGNATURE
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 26, 2002
AMENDED IN ASSEMBLY AUGUST 24, 2002
AMENDED IN SENATE MAY 8, 2002
AMENDED IN SENATE APRIL 23, 2002
INTRODUCED BY Senator Polanco FEBRUARY 22, 2002
An act to add Section 19.5 to the Penal Code, relating to political expression.

LEGISLATIVE COUNSEL'S DIGEST
3. SB 1796, Polanco. Political expression.
Under existing law, unless otherwise specified, a misdemeanor is punishable by imprisonment
in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that
imprisonment and fine.

This bill would state findings and declarations of the Legislature with respect to the history of
nonviolent political expression in the United States. This bill would provide that, except where
there are extraordinary aggravating circumstances, as defined, the punishment for the
commission of, or for a conspiracy to commit, certain misdemeanor offenses that do not, among
other things, threaten to cause physical harm to property or bodily harm to persons or actually
cause physical harm to property or bodily harm to persons, shall be a fine not to exceed $100, imprisonment in a county jail for a period not to exceed 2 days, or both that fine and imprisonment,
if the motive for the violation is found to be political expression, as defined. If the court finds that
there are extraordinary aggravating circumstances related to the crimes committed, the defendant
shall be punishable by the maximum fine and imprisonment specified for a violation of each of those
particular misdemeanor offenses.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT
AS FOLLOWS:

SECTION 1. The Legislature hereby finds and declares the following:
(a) Political free speech, the ability to express dissenting political viewpoints, is essential for an
authentically free society and is, in fact, one of the features that makes the United States of
America and the State of California truly great. Indeed, the United States of America was born
through dissent and has, since then, had a long, honorable history of individuals engaged in
political expression in order to create a more just society. From time to time, dissenters have
expressed their political views through peaceful, nonviolent action, which may have broken
existing laws, in order to call attention to an unjust condition or law. Among them, Henry David
Thoreau, Margaret Sanger, Martin Luther King, Jr., Cesar Chavez, the labor movement, the
civil rights movement, and the women' s movement all facilitated the creation of a greater society
through peaceful protest and nonviolent civil disobedience.

(b) As an incentive for peaceful protesters to reject violence and accept personal responsibility
for peacefully engaging in trespass, unlawful assembly, failure to disburse, and other infractions
or misdemeanors, authorities have generally refrained from imposing lengthy jail sentences or
excessive fines. Harsh punishments for these peaceful demonstrations are unwarranted and counterproductive, and may create a dangerous apathy which could manifest itself in violence.
Imposition of modest fines and minor jail sentences recognizes that persons motivated by the
desire to express political views are far less of a threat to the public than common criminals and
that despite their violation of specific laws, those who engage in peaceful, nonviolent civil
disobedience as a means of political expression are serving the worthy purposes of exposing
injustice and seeking to improve society. SEC. 2. Section 19.5 is added to the Penal Code, to read:

(b) Upon the request of the defendant, the court shall determine whether the violation for which
the defendant has been convicted falls within the terms of this section. This issue may be
determined by declarations, affidavits, or other relevant and reliable information submitted
by the parties.

(f) "Political expression" means any oral or written statements or nonviolent symbolic actions
made for the purpose of influencing public opinion on matters of general interest to society,
including, but not limited to, the enactment or repeal of laws, the election or removal from office
of public officials, or the support of or opposition to court decisions or other public policy matters.

4. The following urge our elected representatives to expediently enact legislation to protect the
American tradition of non-violent civil disobedience by limiting the parameters of prosecution:

Patricia Nell Warren, Author/Journalist
Lance Webster, Personal Coach/Business Consultant/Publicist
Maria Armoudian, CA Senate Legislatve Aide
Stephen Rohde, Past President, ACLU-SC
Leonard Chaitin, Attorney
David Fertig, Attorney
David Ryer, Graphic Designer
Juliet Webster, Educator

American Civil Liberties Union
California Attorneys for Criminal Justice
Campaign for California Families
California Teamsters Public Affairs Council
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
Engineers and Scientists of California
Interfaith Council for Peace and Justice
Region 8 States Council of the United Food & Commercial Workers
Hotel Employees, Restaurant Employees International Union
National Lawyers Guild, SF Bay Area Chapter
Southern California Americans for Democratic Action
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5. Start Your Own JustDissent™ Movement Locally:

1. . Assemble a small group dedicated to preserving the right to dissent by protecting
dissenters engaged in acts of civil disobedience which are NON VIOLENT and PEACEFUL.
Preferably at least one member of your state's legislature (with a staffer dedicated to guiding
the bill); at least one or two lawyers, preferably including someone for one or more of these
orgs: ACLU, ADA, Lawyers groups, etc., and a couple of caring and concerned activists,
and a publicist or two.

2. Determine a course of action: how you will move ahead to round up support for the bill,
who will write it, who will do research, who will work on publicity (getting on talk radio shows,
newspaper articles and editorials, and letters, etc.).

3. Brainstorm and begin contacting groups which might support such legislations (workers,
activists, religious organizations, peace groups, environmental groups, legal groups, farmers,
teachers, etc. etc.)

4. Create a website that gives people info, a place to comment, and a place to register support.
Have a way to capture their email addresses for when support is needed (emails and calls to
legislators, governor, etc.). You may use your own name, or create a site www.justdissent
(yourstate).org.

5. Attend political meetings and gatherings, anti war rallies, anyplace where protests are occuring,
hand out flyers, get signatures for adding to the email list.

6. Find local people in the state whose rights have been threatened or who have been mis or
badly treated by authorities while in peaceful encounters during protest....people willing to testify
in your legislature, and go on radio and TV shows.

7. Make sure EVERYONE understands the difference between DISSENT and CIVIL DISOBEDIENCE. AND between PEACEFUL/NON VIOLENT and aggressive, hostile,
clearly provocative behavior (which would not be protected.) CIVIL DISOBEDIENCE
means willingly breaking a law (sometimes one that is unjust) in order to call attention to a
wrong, an injustice. It also means willingness to accept consequences for such acts (the
California bill recommended a $100 maximum fine and a max of 2 days in jail). That is not
enough of a penalty to deter protesters; but it is enough to draw media attention and show
serious concern. And we want to prevent huge fines and long jail terms for people as threats
to keep people from protesting injustices.

8. Notify www.justdissent.org of your movement so we can help publicize it and help
promote synergy among various state groups.
(Call Lance Webster at 213-680-7805).

Thank you for helping expand the fight to project our rights!

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6. A broad range of authoritative voices speak out on the importance of non-violent protest,
and on the dangers posed and the solution proposed. If you know ofarticles or essays that
we should post or link to here, please email the campaign at articles@justdissent.org

Disorderly Conduct by Whom?
Judge Ross vs. Free Speech
by Nat Hentoff

Police Aggression is Costing You Money,
by Dylan M. Neary

Activists Held in US “Offered a Plea Bargain”
by Duncan Campbell

Greenpeace Activists Ponder Legal Deal
by Peter Mitchell

Tasmanian Greenpeace
Activist Prepares to Face U-S Court
by Dylan M. Neary

Briton was Expecting to Face
Only a Minor Charge
by Sarah Hall

U.S. Raises Stakes for Delayed Launch:
15 Face Felonies in Missile Protest
by Jeff Adler and William Booth

Civil Liberties take A Hit
by Ryan Gierach

In the War on Activists,
A Weapon Lost, A Weapon Gained
by Emmaia Gelman

RELATED STORY:
Class Action Suit Against the
New York City Police Department

Denial and Democracy
by Patricia Nell Warren

Additional Insights About Dissent

14 Dollars
by Patricia Nell Warren

Civil Disobedience
by Henry David Thoreau

Historical Quotes About
Liberty, Freedom and Dissent
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