
Greenpeace under Ashcroft Attack
by Guest Blogger, 11/14/2003
The unusual federal prosecution of Greenpeace poses a threat to first amendment rights.
Greenpeace is being prosecuted by John Ashcroft's Justice Department because of the protest actions of two of its supporters. Last year, two Greenpeace activists climbed aboard a ship carrying Amazon mahogany wood into the Port of Miami. The two activists posted a banner that said, "President Bush: Stop Illegal Logging” and were arrested and charged with misdemeanors. Now Greenpeace has been indicted in Miami with violating an obscure 19th century law meant to keep boarding house owners from boarding arriving ships to recruit sailors. The trial is set for December in Miami, Florida. If convicted, Greenpeace could be fined up to $10,000, placed on probation and required to report to the government on its activities. It could also lose its tax-exempt status.
Greenpeace lawyers say this is the first time an organization has been prosecuted for the actions of its members. Legal experts point out that southern prosecutors harassed the National Association for the Advancement of Colored People (NAACP) in the 1950’s and 1960’s, but note this case is also unusual and questionable. Bruce S. Ledewitz, a law professor at Duquense University who has studied the history of dissent in America told the New York Times “there is not only the suspicion but also perhaps the reality that the purpose of the prosecution is to inhibit First Amendment activities.”
The ship that was boarded by the two activists was illegally importing mahogany wood from Brazil. Greenpeace has been working with the Brazilian government against the trade because the tree is an endangered species, and its logging results in widespread deforestation on indigenous land. Greenpeace said they marked the illegal mahogany on the ship, but the government has not seized it. Instead, prosecutors are saying their information was mistaken. At the end of October, Greenpeace's ship, Esperanza, was denied access to the Port of Miami on the grounds that it is a security risk.
Holding an entire organization liable for the actions of a couple of its supporters sets a dangerous precedent. From the Boston Tea Party to the civil rights movement, direct action in public protest has helped to bring positive change throughout the history of the United States. Direct action is often an effective and legitimate form of advocacy, along with legislative lobbying, litigation, regulatory proceedings, rulemaking, action before administrative agencies, public education, and organizing.
Like a beaver, Ashcroft keeps chipping away at our civil liberties. If the prosecution of Greenpeace succeeds, it will leave behind a chilling effect on all organizations with members who may engage in any form of direct action. Greenpeace is asking the public to write a letter to John Ashcroft asking him to end the prosecution of Greenpeace and prosecute illegal loggers instead. For more information see Greenpeace USA's web site.
