Stop AETA: Update
AETA Passes Senate
October 31, 2006
............................By Joe Miller
At the end of August I sent out an alert describing the House and Senate versions of the Animal Enterprise Terrorism Act (AETA), and I compared AETA to Food Disparagement Laws and Strategic Lawsuits Against Public Participation (SLAPPs). In the alert, available on the St. Joe Valley Greens website, I suggested that "AETA, Food Disparagement Laws and SLAPPs are designed to check, limit and silence dissent, and deny citizens their First Amendment rights to expression."
http://www.sjvgreens.org/current/stopeata.shtml
When I wrote the alert, and because of the unnecessary, intimidating, and threatening provisions of the Act, I thought that even if AETA passed in the House (which has passed some pretty outrageous legislation), surely it would be defeated in the Senate. Imagine my dismay -- and I'm sure yours as well -- to find that an amended version of AETA passed UNANIMOUSLY in the Senate on September 30 (the last day before recess). If Republicans still dominate the House after the November 7 elections, it seems likely that the House version of AETA (H. R. 4239) will also be passed. Even if the House switches to Democratic control, however, AETA may still pass (witness its unanimous passage in the Senate), but this would seem at least a little less likely, given that the elections will be over, and representatives will feel less need to appear "tough on terrorism" to their constituents.
The National Lawyers Guild: AETA Poses Major Threats to Speech
http://www.nlg.org/news/statements/AETA_Act.htm
"FOR IMMEDIATE RELEASE, October 30, 2006
NATIONAL LAWYERS GUILD OPPOSES ANIMAL ENTERPRISE TERRORISM ACT
The National Lawyers Guild strongly opposes the Animal Enterprise Terrorism Act (H.R. 4239/S. 3880 (as amended and passed by the Senate). On September 29, the U.S. Senate unanimously approved S. 3880, the Senate version of the Animal Enterprise Terrorism Act (AETA). If enacted into law, the Act could define as a terrorist act any activity causing a business classified as an "animal enterprise" to suffer a profit loss — even if such financial decline is caused by peaceful protests, boycotts, media campaigns or leafleting.
The AETA contains vague and overbroad language that may be read to criminalize legitimate activities, such as an email campaign protesting actions of a corporation. Furthermore, laws already exist to penalize the kind of activities this Act targets, such as the 1992 Animal Enterprise Protection Act. The AETA will increase the likelihood of misguided prosecutions, and will also serve as a deterrent to a host of lawful, First Amendment protected activities.
Guild President Marjorie Cohn said, "The AETA could lead to the prosecution of undercover investigators, whistle-blowers and other activists as 'terrorists.' It defines 'economic damage' as including 'the loss of profits.' Such broad language puts all activists at risk; those activists who aren’t prosecuted under the AETA will still feel the chilling effect of its 'terrorist' language."
The National Lawyers Guild has documented the government's crackdown on First Amendment protected activities it its 2004 report "The Assault on Free Speech, Public Assembly, and Dissent." In addition to enacting a host of unconstitutional practices at large rallies and demonstrations, the government is labeling certain activist activities as "terrorist" related, and levying harsher penalties for actions that are associated with political messages.
"The government is engaging in Orwellian newspeak by labeling activists as terrorists. It's wrong to enact legislation that punishes the same action more severely if it is committed for political reasons. The AETA is a misguided and dangerous piece of legislation," said Guild Executive Director Heidi Boghosian.
The AETA was created by the lobbyist group American Legislative Exchange Council (ALEC) in association with the U.S. Sportsmen's Alliance. ALEC has the support of over 300 large corporations, including those in the tobacco, petroleum, pharmaceutical and transportation areas. It works with right-wing entities such as the NRA, the Family Research Council and the Koch, Scaife, Bradley and Heritage Foundations to influence legislation to benefit its big business members and contributors. In 1999/2000 ALEC legislators introduced over 3,100 pieces of legislation, of which over 450 were enacted, all benefiting corporations.
The Guild was founded in 1937 as an alternative to the American Bar Association which excluded people of color. The Guild has a long history of representing individuals whose rights have been violated by governments in the U.S. and abroad. Its highly-respected Legal Observer program monitors First Amendment violations and defends activists around the country."
Humane Society Opposes AETA
Here's a link to the Humane Society of the United States' statement opposing AETA, as well as a link to a compelling fact sheet amplifying the major dangers posed by the Act. The link also contains sub-links to the text of the amended and unanimously passed Senate version of the bill (S. 3880), the House version of the bill (H. R. 4239), and a listing of the sponsor and co-sponsors for each bill. Representative Chris Chocola is one of 44 co-sponsors of the House bill.
These are strange and scary times. Even more reason to embrace the wisdom expressed by Thomas Jefferson, "The price of freedom is eternal vigilance."
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Joseph Miller
Dept. of Psychology
51 Madeleva
Saint Mary's College
Notre Dame, IN 46556
Office Phone: 574 284-4532 ext. 4534
Fax: 574 284-4716
St. Joe Valley Greens, South Bend, IN