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Since 2006, aboveground animal activists in the United States have had to worry about a sweeping piece of legislation called the Animal Enterprise Terrorism Act (AETA), which is intended to suppress speech and advocacy by criminalizing First Amendment-protected activities such as protests, boycotts, picketing and whistleblowing.

Today, animal rights activists who say their freedom of speech has been violated by AETA filed a lawsuit asking the court to strike down the statute as unconstitutional.

Sarahjane Blum, Lauren Gazzola, J Johnson, Lana Lehr and Ryan Shapiro, all of whom have long histories of participation in peaceful protests and animal rights advocacy, say that fear of prosecution as “terrorists” has led them to limit or even cease their lawful advocacy.

Sarahjane Blum and one lucky duck.

“I spent years uncovering conditions on foie gras farms and educating the public about the way ducks and geese are abused,” says lead plaintiff Sarahjane Blum, who co-founded the site with Ryan Shapiro. The two openly rescued animals and created a documentary exposing the horrors of foie gras farms. “Today, due to the Animal Enterprise Terrorism Act’s unconstitutional assault on free speech, I am afraid to even publicly screen the documentary we produced.”

“As I have done in the past, I would like to document conditions on factory farms and educate the public about this animal cruelty, so that individuals can make informed decisions about whether they want to continue paying people to abuse animals on their behalf,” says Ryan, now a doctoral candidate at MIT. “The Animal Enterprise Terrorism Act prevents me from educating the public about what goes on behind the closed doors of factory farms. Affecting the profits of an animal enterprise, even by exposing animal abuse on factory farms, or by encouraging people to become vegan, is now prosecutable as a terrorist offense under the Animal Enterprise Terrorism Act.”

The Animal Enterprise Terrorism Act was pushed through Congress by well-funded industry groups that profit from animal exploitation, including the Animal Enterprise Protection Coalition, the American Legislative Exchange Council and the deceptively-named Center for Consumer Freedom, with bipartisan support from legislators like Senator Dianne Feinstein and Representative James Sensenbrenner. The new law replaced its predecessor, the Animal Enterprise Protection Act (AEPA), which had become law in 1992. Proponents of the AETA argued that the AEPA did had not provide a sufficient deterrent, and that “animal rights extremists” were using new tactics such as making threats and targeting anyone affiliated with animal enterprises and called for an expansion of the federal law to address such acts. Yet in reality, the language of the AETA covers many First Amendment activities, such as picketing, boycotts and undercover investigations, if they “interfere” with an animal enterprise by causing a loss of profits. So in effect, the AETA silences the peaceful and lawful protest activities of animal and environmental advocates.

Specifically, the AETA creates the terrorist offense of traveling in interstate or foreign commerce, or using the mail or any other facility of interstate commerce, “for the purpose of damaging or interfering with the operations of an animal enterprise,” when in connection with such purpose, an individual (A) intentionally damages or causes the loss of any real or personal property used by an animal enterprise, or by a person or entity with a connection to an animal enterprise; (B) intentionally places a person in reasonable fear of death or serious bodily injury through a course of conduct involving threats, vandalism, property damage, criminal trespass, harassment or intimidation; or (C) conspires to do so. (Investigative journalist Will Potter has an excellent analysis of the law on his site.)

The first use of the AETA to prosecute activists came in 2009, when four people in San Jose, Calif., were accused of chanting, making leaflets and writing with chalk on the sidewalk in front of a biomedical researcher’s house, as well as using the Internet to research the company whose actions they planned to protest. Under the AETA, they were charged with acts of animal enterprise terrorism. Last year, the court dismissed the indictment.

“Some of my clients want to engage in simple public protests — perhaps in front of a fur store — to change public opinion about fur,” says staff attorney Rachel Meeropol of the Center for Constitutional Rights, which is representing the five activists in today’s lawsuit. “But they feel restricted from engaging in that clearly lawful activity because under the plain language of the law, if that protest is successful in convincing consumers not to shop at that fur store, they could be charged as terrorists.”

Co-plaintiff Lana Lehr, who founded the advocacy group RabbitWise, says the AETA has clearly put a chill on lawful, peaceful protests about the maltreatment of animals. “It has done this by making it legal to charge a lawful protestor with a felony, a fine and possible jail time if an animal enterprise decides that the activities of the protester caused a loss in their profits.” The law, she argues, “is too broad:  An ‘animal enterprise’ can include any company that sells an animal product, a 7-Eleven that sells beef jerky, for example. Also, AETA does not spell out exactly what behaviors by the activist are unlawful so they can’t adjust their actions accordingly.”

“Though now a scholar behind a desk,” adds Ryan, “I just as easily could have found myself a supposed terrorist behind bars. Corporate power should not dictate the limits of free speech. It’s time to strike down the undemocratic and un-American Animal Enterprise Terrorism Act.”



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