#environmentalactivists — Public Fediverse posts

#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

Amnesty International: Five Ways Our #RightToProtest is Being Threatened Around the World

by James Duggan, October 5, 2022

"All around the world, right now, peaceful protestors are being imprisoned, threatened, and face physical violence from authorities. Even at home, in #Australia, our right to stand up and speak out against injustice is being taken away. Now more than ever, it’s essential we continue to fight for our #HumanRights.

"The right to protest is a fundamental human right. #Article20 of the #UniversalDeclarationOfHumanRights states that everyone has the right to freedom of peaceful assembly and association. The right to protest is a way for people to defend their human rights and the rights of others when they’re threatened by governments and authorities.

"Here are five places where the right to protest is currently at threat:

1. #Australia

"Right here in Australia, governments and authorities are adopting an increasingly punitive attitude towards protestors. In 2020, peaceful protestors at a #BlackLivesMatter rally in #Sydney were met with excessive and unnecessary force from #NewSouthWales Police. Police used pepper spray and chased student protestors on horseback at the University of New South Wales, and pushed them to the ground. Both protestors and bystanders were injured in the process.

"The following year, in November 2021, a #ClimateActivist was sentenced to 12 months in jail after he climbed atop a #coal train and stayed on it for five hours to protest Australia’s #climate policies. Twenty-eight other people belonging to the same activist group were also arrested in NSW that month.

"In 2022, the NSW Government announced that disrupting any bridge or tunnel in Greater Sydney as part of a protest would result in individual fines of $22,000. This is a ten-fold increase from the previous penalty of $2,200. The NSW Government also plans to introduce legislation which would mean this $22,000 fine would also apply to protestors disrupting roads and public transport facilities.

2. #HongKong

"In June 2020, a new law came into effect in Hong Kong, referred to as the #NationalSecurityLaw (#NSL). What “national security” refers to in this law isn’t well defined, and the NSL has been applied arbitrarily at the discretion of the government and authorities to suppress #dissent and political opposition.

"In September 2021, a human rights lawyer named #ChowHangTung was arrested under this law and charged with 'inciting subversion.' She faces up to ten years in prison for peacefully commemorating the 1989 #Tiananmen Square protest crackdown. During the 1989 crackdown, an undisclosed number of people, anywhere from hundreds to thousands, were killed by authorities for gathering to protest the government’s censorship laws. At least three other activists were arrested along with Chow Hang-tung in relation to the peaceful memorial of these victims.

3. #Cambodia

"In May 2021, three young activists belonging to a Cambodian environmental campaign group called #MotherNatureCambodia were convicted to between 18 and 20 months in prison. They were arrested after they announced a plan to undertake a two-person march to the #Cambodian prime minister’s house in order to express their concerns regarding plans to privatise and develop the largest remaining #lake in the country’s capital city. They were charged with 'incitement to commit a felony or disturb social order.'

"Mother Nature Cambodia have won several major #environmental victories in Cambodia. In 2016, their efforts to expose widespread environmental destruction and human rights abuses linked to the #mining and export of #sand from coastal areas of Cambodia resulted in a total export ban on #CoastalSand from the country. As a result, the group have been targeted with harassment and repression from the Cambodian government. Multiple other activists have been charged with 'incitement,' and the group has been accused of 'causing chaos in society' and labelled 'illegal' because they’re not registered under the country’s restrictive NGO Law.

4. #Russia

"The right to protest in Russia has been severely compromised since 2004, when the Federal Law on Assemblies, Rallies, Demonstrations, Marches and Pickets was passed. The Law on Assemblies restricts who’s allowed to organise a protest and where the protest is allowed to be held, and subjects planned protests to a strict authorisation process that often results in permission being denied.

"Since 2004, legislation has been tightened numerous times. Most recently, the Russian government introduced new, heavy penalties for anyone who protests Russia’s invasion of #Ukraine. Less than three weeks after the beginning of Russia’s invasion of Ukraine on 24 February 2022, almost 15,000 peaceful protestors had been arrested. #RussianAuthorities have arrested bystanders of protests and even children. Police have used excessive force against peaceful protestors, including women, subjecting them to beatings and electrocution with stun guns.

5. #India

"In India, draconian laws such as 'the crime of sedition' have been repeatedly used against peaceful protestors, journalists and human rights defenders. The slow investigative processes and strict bail conditions under these laws mean that activists and others who speak out against injustice in their country may spend many years behind bars while their trial is ongoing.

"In 2021, a 22-year-old #EnvironmentalActivist named #DishaRavi was charged with '#sedition' for sharing an online Google document that was originally tweeted by #GretaThunberg. The document was a basic 'toolkit' for #farmers in India who were then in the midst of protests against the Indian government over newly introduced agricultural legislation. The 'toolkit' included information on the protests and how to support the movement, both in person and online. Disha is a leader of India’s #FridaysForFuture movement, an international student environmentalist movement instigated by Greta Thunberg.

Source:
https://www.amnesty.org.au/five-ways-our-right-to-protest-is-being-threatened-around-the-world/

#ForestDefenders #WaterProtectors #DirectAction #ACAB #CriminalizingDissent #EnvironmentalActivists
#ClimateActivists #ClimateJustice #Fascism #SilencingDissent #CorporateColonialism
#EcoActivists #Censorship
#HumanRightsViolations
#DefendTheDefenders #ActivismIsNotACrime #ClimateJusticeNow #ProtestIsNotACrime