Update Oct. 1: The Senate passed the Animal Enterprise Terrorism Act last night by unanimous consent. Now that the bill has snuck through the Senate, the next step is the House, where it will probably be raised after the Congressional break.
Please click
here to find out how to contact your Representative, and tell him or her to oppose the Animal Enterprise Terrorism Act, HR. 4239.
Here are some talking points:
1) This is a complex and far-reaching piece of legislation that may be unconstitutional -- at the very least, it needs a full hearing on the House floor.
2) This bill would seek to shut down peaceful protest, one of the proud foundations of our country.
3) Although violent and destructuve protest is inexcusable, it is already banned by other laws -- there is no need for a new law to outlaw violent protest.
Thank you for you support, and stay tuned here for more on this important legislation.
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Update: Latest news is that this bill may sneak by the House and the Senate today -- call to voice your opposition and debate that the measure receive full debate and consideration.
Humane groups have been posting alerts this week warning of the possible quick passage of the Animal Enterprise Terrorism Act, HR 4239. Although earlier information indicated the act was indefinitely postponed, an alert sent out last night indicated that the measure may be slipped through Congress today without debate.
Activists claim that if the Animal Enterprise Terrorism Act (H.R. 4239/S. 3880) passes, peaceful objection and civil disobedience, boycotts, and even influential media campaigns could become “terrorist” activities. The Humane Society of the United States has released a position paper opposing the act, saying that it threatens legitimate advocacy, and that it is unnecessary, because existing laws are adequate to combat extreme tactics. (See full HSUS position statement below the following alert.)
To find out how to contact your Senators or Congressmen, please go to www.congress.org.
Following is the latest alert that has been sent out. Stay tuned to the Legal Animal for a more complete discussion of this legislation.
LATE BREAKING NEWS THURSDAY ANIMAL ENTERPRISE TERRORISM ACT
S 3880
HR 4239
As of this morning, the Senate is slated to pass AETA , then the House will pass AETA, then off to the President. AETA is apparently not going to be attached to the Homeland Security Appropriations Bill.
CALL YOUR SENATOR TO PUT A HOLD ON THE BILL. THIS WOULD STOP THE VOTE TODAY!
This would delay the passage of the bill since it won't be able to proceed by unanimous consent of the Senate. The Senate would then have to get 60 votes to override hold, and that is unlikely to happen.
TALKING POINTS:
1. The constituencies that would be most affected by this bill have not been heard from.
2. There has been no debate or discussion on the Senate floor.
3. This is a dangerous precedent that will single out certain constituencies for penalties.
4. You don't condone illegal activities, but this bill is much more broad sweeping.
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Humane Society of the United States position paper in opposition to the Animal Enterprise Terrorism Act:
Oppose the Animal Enterprise Terrorism Act (AETA)
H.R. 4239 and S. 3880 (as amended)
The Humane Society of the United States has no tolerance for individuals and groups who resort to intimidation, vandalism, or violence supposedly in the name of animal advocacy, and we have spoken out repeatedly against violence in any form. We believe harassment, violence, and other illegal tactics are wholly unacceptable and inconsistent with a core ethic of promoting compassion and respect, and also undermine the credibility and effectiveness of mainstream, law-abiding organizations and individuals. However, the Animal Enterprise Terrorism Act (AETA) threatens to sweep up – criminalizing as “terrorism” or otherwise chilling – a broad range of lawful, constitutionally protected, and valuable activity undertaken by citizens and organizations seeking change. Even with changes that have been incorporated into the current version of the legislation, it is still seriously flawed.
The AETA threatens legitimate advocacy. The legislation uses vague, overbroad terms such as “interfering with” which could be interpreted to include legitimate, peaceful conduct. For example, someone who uses the Internet to encourage people not to buy eggs from a company producing eggs with battery cages could be charged with terrorism for causing the company a loss of profits. Likewise, someone who seeks to “interfere with” the cruel treatment of puppies by filming the brutal conditions at a puppy mill, causing lost profits for the company when the film is publicized, could be charged with terrorism. The very risk of being charged as a terrorist will almost certainly have a chilling effect on legitimate activism.
The AETA is not clear. The bill imposes penalties for “economic damage,” including loss of profits. It provides an exemption for “lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise.” But this exemption doesn’t explicitly include activities such as whistleblowing and investigations that may well cause loss of profits. And whether an activist’s actions are subject to criminal penalties will depend on whether a public, governmental, or business audience reacts in a lawful way, something out of the activist’s control. Moreover, this exemption doesn’t tie back to the offense, which uses different words than “economic damage,” so a court might disregard the exemption language altogether. (We had requested a clear exception in the offense section: “Nothing in subsection (a) shall be construed to prohibit any damage or loss of property that results from boycotts, protests, demonstrations, investigations, whistleblowing, reporting of animal mistreatment, or from any lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise.”)
The AETA is a solution in search of a problem. Under the current federal law, the Animal Enterprise Protection Act of 1992, which the AETA seeks to amend, there have recently been several successful convictions, yielding sentences of 3-5 years for activities such as running a web site to incite vandalism and violence. (According to the Department of Justice, the national average sentence for a violent assault is 5 years, and sexual assault is 6 years.) Given that, it’s not clear that existing law even needs to be strengthened. Law enforcement agencies already have the tools they need to successfully prosecute and convict people who engage in campaigns of harassment and intimidation.
Passing the AETA reflects misplaced priorities in Congress. It is particularly disheartening to think Congress may rush forward with this ill-advised bill, yet not enact reasonable and long-overdue reform, such as the Animal Fighting Prohibition Enforcement Act (H.R. 817/S. 382). Purportedly, the AETA sponsors want not only to penalize, but also to prevent, extremist conduct that endangers animal enterprises and the people associated with them. When Congress fails to act on modest animal welfare reforms like the animal fighting bill, it makes it more difficult for organizations like The HSUS to make the case to activists that meaningful change is possible working through the system – and that they should pursue legal channels rather than taking matters into their own hands.
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Previous alert: Immediate Action needed! New federal law may pass TOMORROW that labels peaceful activism as "terrorism!"
The Animal Enterprise Terrorism Act (AETA) is pending in Congress (HR 4239). Industry groups are pushing it through quickly and with little public scrutiny (fast-tracking it like the Patriot Act... first through the House of Reps, then through the Senate ) before the Fall recess.
They plan to vote on this tomorrow, Friday, September 29 in the House.
This is the most important call yet because it affects our ability to help ALL animals!
We need to flood the lines with calls in opposition now!
Contact your House Reps now at 202-224-3121 to urge them to oppose HR 4239.
Contact your Senators now at 202-224-3121 to urge them to oppose S 3880 (was S 1926).
Contact co-sponsors Senators Inhof & Feinstein at 202-224-3121 to oppose S 3880.
Forward this message to friends, the ACLU & social advocacy groups.
Details & Talking Points:. The Animal Enterprise Terrorism Act drastically expands the Animal Enterprise Protection Act of 1992.
AETA labels the tactics of Martin Luther King and Gandhi as “terrorism.” It spells out penalties for “an offense involving exclusively a nonviolent physical obstruction of an animal enterprise or a business having a connection to, or relationship with, an animal enterprise, that may result in loss of profits but does not result in bodily injury….” In other words any act that causes a loss of profits to animal-exploiting industries (like a reduction in meat consumption) can be treated as terrorism.
AETA risks the prosecution of undercover investigators, whistle-blowers and other activists as “terrorists.” It defines “economic damage” as including “the loss of profits.” The extremely vague and broad sweeping language puts all animal advocates at risk. Causing the loss of profits is NOT terrorism. It’s effective activism. And even activists that are not prosecuted under the law will be affected by the extreme rhetoric.
AETA is unnecessary. There are already laws to protect industries against illegal actions, regardless of who commits the acts.
All Americans should be concerned about this gross infringement on the first amendment. The term terrorism should not be used against peaceful social justice advocacy. Who will be next?
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For more in-depth information, visit http://www.GreenIsTheNewRed.com
For more in-depth information, visit: http://www.govtrack.us/congress/bill.xpd?bill=s109-3880
To read HR 4239, see: http://www.thomas.gov/cgi-bin/query/z?c109:H.R.4239:
To read S. 3880, see: http://www.thomas.gov/cgi-bin/query/z?c109:S.3880: