Ashcroft Fishes Out 1872 Law in a Bid to Scuttle Protester Rights
In April of 2002, a cargo ship, the Jade, was steaming toward Miami carrying a cargo of mahogany illegally cut from the Brazilian Amazon. Two Greenpeace activists tried to clamber aboard the ship and hang a banner that read "President Bush: Stop Illegal Logging." None of which is unusual.
The trees of the Amazon are logged day after day, year after year, despite a host of treaties and laws and despite the fact that scientists agree that an intact rain forest is essential for everything from conserving species to protecting the climate. And Greenpeace, day after day, tries to call attention to such crimes. It pesters rich, powerful interests about toxic dumping and outlaw whaling and a hundred other topics that those interests would rather not be pestered about. The Miami activists were arrested, spent a weekend in jail, pleaded guilty and were sentenced to time served. All in a day's work.
But here's where it starts getting weird: More than a year after the ship boarding, the Justice Department indicted Greenpeace itself. According to the group's attorneys, it's the first time an organization has been prosecuted for "the speech-related activities of its supporters."
How far did the government have to stretch to make its case? The law it cited against boarding ships about to enter ports was passed in 1872 and aimed at the proprietors of boardinghouses who used liquor and prostitutes to lure crews to their establishments. The last prosecution under the "sailor-mongering" act took place in 1890. The new case could be like something straight out of "Master and Commander."
The matter goes to trial next week in a federal district court in Miami, and if Greenpeace loses, the organization could be fined $20,000 and placed on probation. The money's no big deal; outraged supporters would probably turn such a verdict into a fundraising bonanza. But the probation would be. The group might well be prevented from engaging in any acts of civil disobedience for years to come. If it crossed the line, the group's officers might be jailed and its assets seized. Since civil disobedience is what Greenpeace does best, the Justice Department might in effect be shutting the group down.
That would be too bad, and not just for Greenpeace. The potential precedent here -- that the government can choke off protest by shutting down those who organize it -- undermines one of the most important safety valves of our political life.
