The American Legislative Exchange Council (ALEC), along with
the U.S. Sportsmen's Alliance, is promoting legislation in states
around the country designed not to protect hunting, fishing, and
agriculture but to criminalize legitimate political activism by
American citizens. The ALEC Criminal Justice Task Force recently
voted to adopt a model "Animal and Ecological Terrorism Act,"
and the Task Forces chairman introduced a version as Texas HB 433
in early February.
This legislation makes protesting environmental issues a criminal
activity, and increases penalties for animal rights or environmental
organizations participating in activities "with an intent to
influence a governmental entity or the public to take a specific
political action." Another key concern includes the definition
of "animal rights or ecological terrorist organization"
as "two or more persons organized for the purpose of supporting
any politically motivated activity intended to obstruct or deter
any person from participating in an activity involving animals or
an activity involving natural resources." Such vague language
could encompass all environmental advocacy activity from signing
petitions and peaceful protests and demonstrations to environmental
organizations working to protect natural resources and environmental
quality across the country. Furthermore, this bill would also create
specific penalties for those who donate money to environmental organizations
involved with political and social protests, demonstrations, and
debates, as stated in the bill language: "A person commits
an offense if the person knowingly provides financial support, resources,
or other assistance to an animal rights or ecological terrorism
organization for the purpose of assisting the organization."
However, the most obvious proof that the bill is designed to criminalize
activism in the public interest rather than terrorism is the provision
which states: "A person commits an offense if the person, with
political motivation or while acting on behalf of an animal rights
or ecological terrorist organization: prevents an individual's use
of an animal facility without the effective consent of the facility's
owner by: entering the facility to take photographs or a video recording
with the intent to defame the facility or the facility's owner."
Environmental and animal rights advocates who legitimately investigate
and document misuse or exploitation could be prosecuted. A further
provision of the bill would then cause the person to be stigmatized
and labeled as terrorists and treated much like sex offenders and
child molesters are today, by showcasing their photographs and identities
on a state-run website for three years: "at which time the
individual who is the subject of the record may apply to the department
for a hearing on removal of record."
The vast majority of environmental and animal rights organizations
in the world do not condone violence, property damage or other criminal
activity. Such activity should certainly not be supported nor tolerated
and legislation already exists to address these crimes. Investigative
reporters, protesters, and whistle-blowers speaking out or peacefully
challenging actions likely detrimental to the environment are not
terrorists. What is of most concern is that the bill language is
so intentionally nebulous that it is not only harmful to the protection
of our natural environment, but it is also in violation of the constitutionally
protected rights that our country was founded upon such as freedom
of speech, press, and assembly. The cynical use of our national
tragedies by ALEC and its corporate and ultra right-wing supporters
in order to criminalize legitimate environmental activism is obscene
and indefensible.
In addition to Texas, versions of the legislation have appeared
in Pennsylvania, Maine, and New York, and it may soon appear in
at least Mississippi, Wisconsin, and Washington.
Links to Relevant Bills:
Texas
HB 433
NY
A4884
PA
S 1257 |