Wednesday, September 2, 2020

Conversion to authoritarianism continues - Part 2

Since 2016, 14 states have enacted new laws to restrict the right to peaceful assembly. [...] [I]n the wake of the nationwide movement in support of Black lives, numerous states have increased the severity of criminal penalties for protesters along political lines and are prosecuting them more aggressively, as demonstrations continue with no sign of slowing down.

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The trend of criminalizing protest has been on the uptick since the 2016 protests against the Dakota Access pipeline at Standing Rock, during and after which numerous states upped charges for protests “near critical infrastructure” as felonies.

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Tennessee Republican Gov. Bill Lee signed a law that made it a felony to participate in some types of protests, including camping out overnight on state property. Charges for the same activity were previously classified as a misdemeanor. In Tennessee, people convicted of felonies lose their voting rights — making the new law a tool for disenfranchisement.

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Earlier this month, police in Muscatine, Iowa, apprehended two people they say were attempting to drive a vehicle into the city Public Safety Building and got stuck on a planter. They charged both men with numerous counts, including terrorism.

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AMONG THE MOST serious recent charges against protesters are those of terrorism in Oklahoma. There, Oklahoma County District Attorney David Prater charged three teenagers and two other people in their 20s with terrorism related to their alleged activity during protests in late May.

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The terrorism charges reveal a “false equivalency between people who kill, and people who commit acts of property damage,” said Kate Chatfield, policy director at the Justice Collaborative, a policy and media organization focused on mass criminalization and incarceration. “Maybe not a great thing.”

  The Intercept
Maybe not.
“To say that the power of the state will be wielded in this way against political enemies is incredibly frightening,” Chatfield said, drawing a parallel to the post-9/11 era, when many people who had never committed an act of violence were prosecuted for terrorism. “Let’s not ignore the fact that we have a history of this in this country. A very recent history. And a continuing history, unfortunately.”

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For the Oklahoma City teens and young adults facing terror charges, “what’s next is they fight for their lives,” Lambert said. The statute carries a maximum of life in prison. “Many of these charged protesters are young teenagers. … So they are facing spending their entire lives in prison simply for, in some cases, attending a protest to try and hold police accountable.” Criminal defense attorneys are still working to get those charges dropped or significantly reduced.

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