Jurist is an online legal news service that has won many awards for its content, and is quite influential in legal circles. It was described by the ABA Journal as one of “the best Web sites by lawyers, for lawyers.” I was invited to contribute a commentary on the Animal Enterprise Terrorism Act.

Here’s an excerpt:

A recent undercover investigation into one of the nation’s largest egg producers, Sparboe Farms, documented hens mangled in cage wire, many with open wounds, and chicks having their beaks burned off by workers. This is just one of many investigations by animal welfare advocates that have exposed standard industry practices, created national dialogue about factory farming and in some cases prompted criminal charges. Newly released FBI documents show that the government is less concerned about these abuses and more concerned about the economic loss caused to businesses. The FBI has also been keeping files on factory farm investigators, and recommends prosecuting them as terrorists.

It may come as a shock to most people to learn of potential terrorism charges for investigators who, at worst, have trespassed or rescued a few injured animals. Yet, this is merely the latest chapter of a long-running campaign. I have documented how corporations created the term “eco-terrorism” in the 1980s and then used public relations campaigns, congressional hearings and ambitious court cases to manufacture what the FBI calls the “number one domestic terrorism threat.”

Perhaps the most dangerous tactic employed by corporations has been the manipulation of post-9/11 fears to enact designer terrorism legislation. Foremost among these new laws is the Animal Enterprise Terrorism Act (AETA). The act was passed in 2006 at the request of the National Association for Biomedical Research, Fur Commission USA, GlaxoSmithKline, Pfizer, Wyeth, United Egg Producers, National Cattlemen’s Beef Association and many other corporations and business groups that have a financial stake in silencing animal rights activists.

You can read the full commentary, “Animal Enterprise Terrorism Act Threatens Activism,” at Jurist.

Every activist should know sht the FBI says.

I tried to resist. I really did. But when I jokingly posted on the GreenIsTheNewRed Facebook page that I wanted to make a “Sh*t the FBI Says” video, ya’ll went nuts about the idea.

Like the videos that started the trend, it’s pretty goofy. But sadly, it’s all based on statements the FBI has made in court, in the press, or to activists themselves (I’ve heard quite a few of these myself).

So on a serious note…

After you watch the video, please check out this great Know Your Rights booklet.

Thanks to Chris, Greg, Michael, Shannon, Brad and everyone else who helped out in the f-f-freezing cold. Please like this on YouTube or Facebook if you think they should wear the fake mustaches every day.

Click here to view the embedded video.

Here are some of the articles that inspired this video:

* “FBI Looking for Informants to Infiltrate Vegan Potlucks”

* “Eric McDavid Sentenced to 20 Years in Prison as a Terrorist”

* “FBI: “Eco-terrorists” Are Bigger Threat Than Osama bin Laden, Hate Crimes, and Attempts to Assassinate Obama”

* Jordan Halliday prohibited with associating with the “Vegan Straight Edge”

* “Activist Secretly Videotapes FBI Visit”

* “IRS Suicide Pilot Is Not a ‘Terrorist,’ But Environmental Activists Are?”

* “FBI Harasses Sociology Professor Who Has Spoken Against Labeling His Student a ‘Terrorist’”

* “Discussion of Government Surveillance of Activists with Will Potter, Former FBI Agent, ACLU and More”

I recently wrote about Jordan Halliday, an animal rights activist who was jailed for refusing to name names before a federal grand jury investigating the release of mink from fur farms. Prosecutors urged a harsh prison sentence because Halliday has publicly vowed to resist the political witch hunt.

In the sentencing memorandum, they said that, while awaiting sentencing, Halliday continued to protest, continued to associate with animal rights activists, and continued to urge activists to support him.

And then prosecutors described to the judge what they said is an even more troubling association.

“Of More Serious Concern”

“Of more serious concern is the fact uncovered by the FBI” that Jordan Halliday was mentioned in a photo caption on this website, they said.

The FBI had given prosecutors an article I wrote titled, “BREAKING: FBI Raids Activist House in Utah, Connected to Iowa ALF Investigation.” I covered this story as it happened, and scooped local press. I was able to do this because, as I noted in the article, “I just got off the phone with multiple housemates who were there witnessing the raid, and who were able to read the warrant.” The housemates called me because I have been reporting on the FBI’s attacks on animal rights and environmental activists since 2001. I later updated the blog post with a photo from the scene that credited Jordan Halliday.

To me, this was Journalism 101 — work fast, then flesh out details and add a photo. To the FBI, this quick work was the evidence of a network of extremists. Prosecutors state in the sentencing memo: “The search warrant was sealed, as is typical, with no warning or public knowledge ahead of the time of service. Nonetheless, photograph taken contemporaneous with the execution of the search warrant service has been attributed to the defendant on the animal rights extremist website” GreenIsTheNewRed.com.

The FBI provided federal prosecutors with a blog post from this website.

Guilty By Association

It is not surprising to see a government sentencing memo try to connect a defendant to “extremists.” I’ve covered this in many, many prosecutions. The intention is to use guilt by association to secure additional prison time. For example, prosecutors will say that Joe Defendant is friends with drug dealers, or that Jane Defendant’s family are in a gang.

In this case, the government labels journalism as extremism.

Prosecutors say that since my article mentioned Halliday in a photo caption, it means he placed himself “above the law” and violated an order to have “No association with animal group[s] A.L.F., E.L.F., Vegan Straight Edge (VSE).” [The ALF and ELF are the underground Animal Liberation Front and Earth Liberation Front. "Vegan Straight Edge" is a punk lifestyle, not a terrorist group, and I'm having a hard time even typing this explanation without being reminded by these lyrics.]

Packed into that short accusation are two dangerous unstated assumptions:

1. Anyone who takes a photo of law enforcement is associated with those being targeted. Keep in mind that this raid led to no arrests. Yet the government says that merely possessing a photo of it implies criminal association, and is acting “above the law.”
2. Anyone who writes about what the government is doing to animal rights activists is an “animal rights extremist” by extension. This is the most dangerous message being sent by the government. My writing and commentary on civil liberties issues has been featured by NPR, the Los Angeles Times, Mother Jones, and many other of the top media outlets in the country. I have lectured at nearly 100 universities and associations, including Georgetown Law School, Yale Law School, and the House of Democracy and Human Rights in Berlin. My book was awarded a Kirkus Star for “remarkable merit,” and has been praised by Publishers Weekly, Utne, the Bill of Rights Defense Committee, and many others. I say all this hoping to make clear that if my journalism is being labeled “extremist,” if my entire body of professional work can be reduced to extremism because I ask questions about what the government and corporations are doing, then everyone is at risk.

Chilling Free Speech

If there has been one theme running through all of my work, through every blog post and book chapter and speaking event, it is this: fear. Corporations and politicians are using post-9/11 fears of terrorism to push their political agenda. Fear is being manufactured and manipulated by people in power in order to make people think twice about using their rights.

This chilling effect on First Amendment activity is at the core of lawsuit by the Center for Constitutional Rights challenging the Animal Enterprise Terrorism Act. The vague and overly broad language of the law, and the sweeping attempts of prosecutors to utilize it (such as this grand jury investigation), is unconstitutional not because it has expressly prohibited First Amendment activity, but because it has chilled it.

This is another representation of that constitutional threat, in two ways:

It makes me feel that using my First Amendment rights puts me at risk. Describing journalism as “extremist” in the context of a terrorism investigation is, to put it mildly, unsettling. This isn’t the first time I have learned of surveillance like this. I have previously written about how my writing and speeches have been listed in Counter-Terrorism Unit briefing documents.

More importantly, it makes me feel that using my First Amendment rights puts my sources at risk. When I saw that my work was being used by the FBI and prosecutors against Halliday, it made me sick to my stomach. It’s one thing to see my name in terrorism files, it’s another to see my work being used by prosecutors to punish people I have written about. An old muckraking motto is “comfort the afflicted, afflict the comfortable.” To have my work afflict people who already have the full weight of the U.S. government pressing down upon them goes against everything I believe about this craft.

A Pattern on Behavior

You might be asking: Was the government really trying to send these messages? Or was this a case of bad FBI intelligence and prosecutors who don’t “get it”? (To steal a line from The Daily Show, “Are they evil, or stupid?”)

I don’t know the answer to that question. But I know government officials have done this before. When I visited Daniel McGowan in the Communications Management Unit, prison officials did not threaten me. They did not expressly prohibit me from writing about the experimental prison units. Instead, they told McGowan that if I wrote about the visit he would be punished for my words.

I also know that prosecutors said Jordan Halliday needs to be punished for his “stardom,” so “defendant’s supporters are not emboldened to follow the defendant’s contemptuous ways.” Through these and many other examples, it’s clear that the government is openly trying to send a message.

And so, as I edit this, about to hit “publish,” I keep hesitating. Will writing about this amplify that message of fear? Everything I do depends on the trust I have built with countless activists and their friends and families. What if this makes people afraid to be mentioned on this website?

The mere fact that I have to ask myself those questions is a testament to how much we have lost in the name of fighting “terrorism.”

This pattern of conduct by the FBI and federal prosecutors is nothing less than an attack on the First Amendment, and an attack on journalism. It is an attempt to foster distrust between author and source, and it is an attempt to shake the confidence that one can report freely and without retribution, both of which are essential to any meaningful expression of journalism in a democracy.

The recent article about how the FBI recommended prosecuting video investigators as terrorists went viral, thanks to you all! It’s pretty amazing — more than 16,000 people shared the story on Facebook, and more than 100,000 unique visitors have viewed it on this website. The Animal Enterprise Terrorism Act (and the Center for Constitutional Rights lawsuit against it is being talked about on many, many websites and forums. So thank you all for sharing this!

One of the best articles I’ve seen is by Dean Kuipers of the Los Angeles Times. Here’s an excerpt:

The documents, which were first published on Will Potter’s website, Green Is the New Red, were issued by the Joint Terrorism Task Force in 2003 in response to an article in an animal rights publication in which Shapiro and two other activists (whose names were redacted from the document), openly claimed responsibility for shooting video and taking animals from a farm…

Potter, who has looked into these state laws in more detail, points out, “There’s no shortage of laws that could be used to prosecute someone who is trespassing or someone who is vandalizing property in the process of an investigation. But these new laws are specifically aimed at mainstream animal rights and environmental groups who investigate abuse, such as the Humane Society, Mercy for Animals and PETA.”

The GreenIsTheNewRed.com article has gotten picked up by conservative websites like Little Green Footballs, liberal sites like Alternet, and everything in between. Readers have overwhelmingly been outraged by this misuse of “terrorism” legislation.

Big Ag, however, feels differently.

Dan Murphy is a public relations consultant for the meat and dairy industries, and a long-time supporter of “eco-terror” legislation like the Animal Enterprise Terrorism Act. In a column for Dairy Herd, he says the FBI is completely justified in targeted non-violent undercover investigators as terrorists. He goes so far as to compare the Animal Enterprise Terrorism Act to hate crimes legislation targeting the KKK:

It’s no different from passing laws authorizing special punishment for so-called “hate crimes.” It’s always been possible to punish those who burn crosses, deface houses or otherwise harass people on the basis of race, religion or sexual orientation. But often, the small fines and minimal jail terms prescribed by trespassing and property damage statutes don’t fit the egregious nature of the offenses. Thus, it’s necessary to identify special circumstances that change what would normally be mere misdemeanors into the more serious crimes that they are.

Murphy has this backwards, of course. The “egregious nature of the offenses” in this situation are not being committed by the activists. They are being committed by corporations. Activists have repeatedly exposed systemic animal welfare violations, and are non-violently documenting these practices to force businesses to change these practices.

It speaks volumes that the meat and dairy industries consider things like this to be less egregious than having their own institutionalized cruelty exposed.

This recent investigation of a McDonald's egg supplier is an example of the type of activism the FBI calls terrorism.

The FBI Joint Terrorism Task Force has kept files on activists who expose animal welfare abuses on factory farms and recommended prosecuting them as terrorists, according to a new document uncovered through the Freedom of Information Act.

This new information comes as the Center for Constitutional Rights has filed a lawsuit challenging the Animal Enterprise Terrorism Act (AETA) as unconstitutional because its vague wording has had a chilling effect on political activism. This document adds to the evidence demonstrating that the AETA goes far beyond property destruction, as its supporters claim.

The 2003 FBI file details the work of several animal rights activists who used undercover investigation to document repeated animal welfare violations. The FBI special agent who authored the report said they “illegally entered buildings owned by [redacted] Farm… and videotaped conditions of animals.”

The animal activists caused “economic loss” to businesses, the FBI says. And they also openly rescued several animals from the abusive conditions. This was not done covertly in the style of underground groups like the Animal Liberation Front — it was an act of non-violent civil disobedience and, as the FBI agent notes, the activists distributed press releases and conducted media interviews taking responsibility for their actions.

Based on these acts — trespassing in order to photograph and videotape abuses on factory farms — the agent concludes there “is a reasonable indication” that the activists “have violated the Animal Enterprise Terrorism Act, 18 USC Section 43 (a).”

Click here to view the FBI document.

The file was uncovered through a FOIA request by Ryan Shapiro, who is one of the activists mentioned. The file is available for download here. [Please note that this document has additional redactions in order to protect the identities of the other activists, at their request.] Shapiro is now a doctoral candidate at MIT.

“It is deeply sobering to see one’s name in an FBI file proposing terrorism charges,” he said in an email. “It is even more sobering to realize the supposedly terroristic activities in question are merely exposing the horrific cruelty of factory farms, educating the public about what goes on behind those closed doors, and openly rescuing a few animals from one of those farms as an act of civil disobedience.”

When I testified before Congress against the AETA in 2006, one of the primary concerns I raised is that the law could be used to wrap up a wide range of activity that threatens corporate profits. Supporters of the AETA have repeatedly denied this, and said the law will only be used against people who do things like burn buildings.

So how do we explain that such a sweeping prosecution was being considered in 2003, under the law’s somewhat-narrower precursor?

One possibility is that FBI agents lack training, education, and oversight. They are spying on political activists without understanding or respecting the law.

Another explanation is that this document is no mistake, nor is it an isolated case. It is a reflection of a coordinated campaign to target animal rights activists who, as the FBI agent notes, cause “economic loss” to corporations.

Learn the full story of how corporations are targeting activists as "terrorists."

At the state, federal, and international levels, corporations have orchestrated an attempt to silence political activists, and a key target has been undercover investigators. For example:

• An “Ag Gag” bill has been introduced in Florida to criminalize investigations. Its lead sponsor calls these investigations “terrorism.” Four similar attempts failed in other states this year.
• These state bills are similar to model “eco-terrorism” legislation drafted by the American Legislative Exchange Council, a corporate front group.
• A recent EUROPOL report on international terrorism includes a section on undercover investigations by animal rights and environmental activists.
• 12 Spanish activists have been charged with terrorism for their investigations.
• Two activists in Finland faced similar charges.

The FBI makes clear that the Animal Enterprise Terrorism Act is not about protecting public safety; it is about protecting corporate profits. Corporations and the politicians who represent them have repeatedly lied to the American public about the scope of this legislation, and claimed that the law only targets underground groups like the Animal Liberation Front. The truth is that this terrorism law has been slowly, methodically expanded to include the tactics of national organizations like the Humane Society of the United States.

This document illustrates how the backlash against effective activism has progressed within the animal rights movement. However, if this type of legislation is not overturned, it will set a precedent for corporations to use this model against Occupy Wall Street and anyone else who threaten business as usual.

The video is pretty funny and worth a watch (and kudos to the gentleman at the store for taping it!). But I think it’s really important to point out that, if you are ever visited by the FBI, for any reason, the best thing to do is to say absolutely nothing. Not a little bit, not a sentence or two — nothing.

I’m not saying this because of what the person in the video says (I actually can’t make out anything he says, because it has been dubbed over) but because it is always, without a doubt, the best way to protect your rights and the rights of those in your community. As a lawyer friend of mine noted, anything you say could be twisted against you: “If, for instance, this gentleman said he knew nothing but actually did, they could get him on lying to a federal officer. So, like the overdubbing says, just say you’re not interested in talking to them.”

I wrote an article for Truthout about how, before the dust had even settled at ground zero, corporations and politicians were trying to use the tragedy of September 11th to label environmentalists as “eco-terrorists.” Here’s an excerpt:

On September 12, 2001, as emergency crews searched for survivors, Rep. Greg Walden warned Congress that “eco-terrorists” posed a threat “no less heinous than what we saw occur yesterday here in Washington and in New York.” He was not alone: Rep. Don Young publicly speculated that the attack might have actually been the work of environmentalists. A month later, The Washington Times called for war against the “eco-al-Qaeda.”

Comments like this were not gaffes. They were part of a carefully coordinated campaign that had been in the works long before 9/11. When planes hit the Twin Towers nearly ten years ago, most Americans saw an unprecedented tragedy. For some corporations and politicians, it was an unprecedented opportunity.

Read the full article: The “Eco-al-Qaeda”? September 11 Ushered in War on “Eco-Terrorism” and Civil Liberties

A journalist with ArteTv’s Global Mag, a television program that airs in France and Germany, visited the U.S. to report on the labeling of environmentalists as “eco-terrorists.” She came to the book release event in Washington, DC, and I was also able to put her in touch with Andy Stepanian of the SHAC 7, Daniel McGowan‘s wife, Jenny, and Alexis Agathocleous of the Center for Constitutional Rights. Much of the program is about secretive prisons for domestic terrorists called Communications Management Units. You can view the video below (sorry, I don’t have subtitles!). It’s a shame that U.S. journalists haven’t been covering this issue as well as international outlets.

I was on Austin’s KOOP radio a while back, and had a great discussion about the FBI’s use of surveillance, infiltration and informants within social movements with Colleen Rowley (retired FBI agent), Michael May (Texas Observer managing editor), Debbie Russell (ACLU of Texas) and Scott Crow (author of Black Flags and Windmills).

You can listen to the program and download it here. Thanks to Allan Campbell for having me on the program.

The good folks at Powell’s Books, Inc. have invited me to guest-blog all week. (Which is a bit daunting, considering Erik Larson was blogging for them last week. As an aside, Devil in the White City had a huge influence on how I thought about approaching my own book.)

Here’s an excerpt of my first post:

The FBI has grayed out Osama bin Laden on its Most Wanted Terrorists List. Nearly 10 years after September 11, his death is clearly a historic point in the War on Terrorism and one that some have even applauded as a victory for America, for freedom. However, another legacy of September 11 endures. Next to bin Laden’s photo on this list of the FBI’s top terrorism threats, sandwiched between people who have murdered countless civilians, is a listing for a very different type of “terrorist”: an animal rights activist.

Read more over on the Powell’s blog.