Jessica Maxwell
Nonviolent direct action, civil disobedience, and mass demonstrations have long
been respected and effective components of grassroots movements for peace and
justice. We can use these tools more effectively when we clearly understand
our rights as protesters and the distinctions between legally protected protest
activity and civil disobedience or direct actions that defy the law. It is also
important that we learn creative skills for confronting potential violence at
such actions. We hope the information below will promote safe and effective
actions and empower demonstrators to assert their rights.
Nonviolent Action and Civil Disobedience
The following definition is from a training manual produced by the
Massachusetts chapter of the National Lawyers Guild, available online at www.nlg.org/resources/organizing.htm.
Civil disobedience involves intentionally breaking a law to protest an unjust
law or political policy. Civil disobedience actions are usually nonviolent and
the participants refrain from 1) using physical or verbal violence towards any
person, 2) carrying weapons, 3) bringing or using alcohol or illegal drugs,
and 4) destroying property. There have been movements, however, that have used
the destruction of property as a tactic of civil disobedience. In the 1980s,
for example, the Plowshares movement destroyed military property tied to the
nuclear arsenal in order to protest the use of nuclear weapons and to slow their
proliferation.
Legally Protected Forms of Protest
While direct orders given by police at a particular action may contradict
what the law theoretically allows us to do, it is useful to have some idea of
what is legal protest and what is not. Police response may vary depending on
context, location, and the people involved. Demonstrators are often faced with
the difficult choice of obeying unjust police orders and having their rights
violated, or defying illegitimate police orders, facing arrest and seeking vindication
through court proceedings. The introductory information offered below is based
on a handout from the Central NY chapter of the NY Civil Liberties Union and
is not comprehensive.
You can assemble, picket, or hand out leaflets or flyers at public places (parks,
sidewalks, city hall steps, etc.). However, you cannot legally blockade a building,
preventing others from entering or exiting, or impede vehicular or pedestrian
traffic.
Certain public venues may require advanced notice or permits for large gatherings
or for specific types of events – such as those using sound amplification.
If you want to be absolutely sure that your event is legal, it is always a good
idea to check with local law enforcement officials.
You can say offensive things about a group of people or an institution; however,
you cannot walk up to a member of that group or supporter and engage in a personal
verbal attack.
You can use or misuse the American flag in a protest; it is protected symbolic
free speech.
Understanding the legal system
The Just Cause Law Collective, a mobile legal team that provides information
and support for demonstrators, has a handbook for activists. It can be found
at www.lawcollective.org. It was written
in 2001 by Katya Komisaruk, a former plowshares activist and attorney, and includes
the following excerpts.
What crimes could we be charged with?
Protesters are usually charged with infractions (a crime usually not punishable
by jail time) or misdemeanors (a crime punishable by a year in jail or less).
Typical infractions are jaywalking or driving beyond the speed limit. Typical
misdemeanors are trespassing, blocking the road, causing minor property damage
or resisting an officer.
Sometimes activists are charged with felonies (a crime punishable by prison
time), such as conspiracy or major property damage. However, in past mass civil
resistance, these felony charges have nearly always been dropped. Prosecutors
tend to use them as a scare tactic or bargaining tool.
Can the charges against us be changed?
Be aware that the charges that the police write down when they arrest us are
not necessarily the charges that the prosecutor uses. The arresting officer’s
charges are just a suggestion. It’s the prosecutor who decides the real
charges, and s/he can change them up until we actually start trial. Charges
are a matter for negotiation using solidarity.
Interacting with the Police
According to the National Lawyers Guild, “If an officer approaches you
(for example, on the street) to ask questions, you do not have to identify yourself
or answer those questions. There is no requirement that individuals identify
themselves to police officers or carry identification cards (except while driving)”
(www.nlg.org/resources/philly_manual.htm). Police can be intimidating, but you
can always remain silent or politely decline to respond. You can also verbally
refuse to consent to a search, but shouldn’t physically resist, since that
could result in injury or charges of assault or obstruction.
Nonviolent Strategies for Confronting Disrupters
Demonstrations always have a political goal. It is important that whatever
disruptions occur–whether initiated by counter-demonstrators, police or
fellow demonstrators–we not let them overtake the event and undermine our
political goal. For this reason it is strategic to use nonviolent tactics to
address conflicts at demonstrations, but many choose to rely on nonviolence
for philosophical or ethical reasons as well.
If disrupters have serious concerns, we may be able to have constructive interactions
with them by listening and responding respectfully. If disrupters are not willing
to be engaged in a constructive way, it is often better to ignore them and isolate
them from the main body of the demonstration so as to limit their impact. Many
of the following suggestions are adapted from handouts used by the School of
the Americas Watch movement.
General Tips
The tone of the demonstration depends on how we respond to our fellow demonstrators,
police, the media, and observers. Our attitude should be one of openness, friendliness,
and respect toward all.
Be creative. Nonviolence does not mean being aloof or failing to act.
Be calm. It is a rare person who does not become angry or afraid under stress.
Don’t think that you are weak if you have fears.
Work as a team. You don’t have to do everything yourself. Use and rely
on the support you can get from fellow demonstrators.
Hecklers
Feel free to engage hecklers in conversation in a rally situation, but in a
march, it is important for the main body of the march to continue around hecklers.
Listen before responding, but feel free to assert your right to be heard as
well.
Be polite. Smile. Nothing is more disarming.
Don’t assume that the person’s concerns are not legitimate or that
you know what they’re going to say.
Look for common ground–while you may disagree strongly on certain issues,
you may actually agree on others.
Remember you can challenge someone’s views without personally attacking
the person.
Don’t feel obligated to respond to hecklers. If you are uncomfortable or
feeling short on patience, let a fellow demonstrator or organizer handle it.
Scuffles
Do not run toward fights. Move quietly and quickly to a scuffle if you can help
to isolate it.
Do not push people and try not to touch them; most people resent such action
and it may escalate the situation.
You don’t need to interpose yourself; too many people intervening can escalate
and prolong the scuffle when it would have fizzled out if left alone.
Once you confirm that others are addressing the scuffle, look around to see
if anyone else needs assistance and encourage others to return their focus to
the main event.
If the police intervene, remember that any interference with police actions
may not only result in personal injury, but also arrest and legal charges.
Be alert – who is instigating, who is mediating, who gets arrested, look
at officer badge numbers and names. Ask others to write down information if
you cannot.
Stay calm.
Jessica is a staffperson at the Peace Council and has led nonviolence trainings
in the past.