Could "Liking" an Anti-Pipeline Facebook Post Soon Be Illegal?
By Joshua Axelrod
A new South Dakota law — written in consultation with the company that owns Keystone XL — could punish people for exercising their right to peaceful protest. Is it a harbinger of things to come?
America was born out of protest. Revolution and rebellion, bred in part by crackdowns on protests, affirmed that a protected right "peaceably to assemble" in support — or protest — of ideas affecting Americans' lives was crucial to our fledgling democracy's survival. And so, the very first amendment added to the newly ratified U.S. Constitution enshrined public protest as a right.
@realDonaldTrump Trump encouraging people to attack Protestors for exercising their first amendment right to protes… https://t.co/OsZB5MeK5z— Ryan Hill (@Ryan Hill)1556924596.0
Thanks to the foresight of those who framed our Constitution, public protest has become a key component of our democratic process, a means by which the people can make their voices heard and effect real, even historic, change. The right to assemble played a crucial role in the women's suffrage, civil rights, and antiwar movements, to name just a few. Still, in each of those instances, mobilized citizens had to contend with powerful, entrenched forces who fought back aggressively and did whatever they could to stifle these movements and preserve the status quo.
This same struggle is playing out again today. As the American and global communities grapple with the mounting climate catastrophe, the fossil fuel industry is holding nothing back in its attempt to silence its critics and those who assemble to protest their destruction of our shared climate. In a surprising number of states, antidemocratic legislation is being pushed through state legislatures with the backing of fossil fuel companies, conservative think tanks, and industry-tied mega-donors.
TC Energy (formally known as TransCanada), the company behind #KeystoneXL, helped to conceive the Riot Boosting Act… https://t.co/Rmpq4IhSZB— NRDC 🌎 (@NRDC 🌎)1557249962.0
In March, Governor Kristi Noem of South Dakota signed legislation to usher in a new law that has come to be known informally as the Riot Boosting Act: an assault on Americans' right to protest that perversely tries to pass itself off as a good-governance measure. Conceived with the assistance of TC Energy (TransCanada) — the company behind the embattled Keystone XL pipeline — this law would, among other things, authorize the state to sue individuals and groups for protesting projects like Keystone XL, should there be any damages as a result of the protest.
The insidious nature of this law becomes obvious on closer inspection. By coining a new term — "riot boosting" — South Dakota creates an atmosphere of vagueness and fear that aims to chill the voices of indigenous people and others who are passionately opposed to projects like Keystone XL. After all, the state already has a law on the books to punish those who might destroy property or put people in danger during a protest.
U.S. Protest Law Tracker
But the Riot Boosting Act is different. It creates a fund specifically dedicated to going after individuals, groups, and organizations outside of the state that it believes are "riot boosting." Could someone leading 500 people in a chant at a pipeline protest where five people end up getting in an altercation with police be considered to have "encouraged" a riot? Could someone sharing details of a protest — time, place, what to wear, etc. — on his or her Facebook page be seen as "advising" rioters? Those are exactly the sorts of questions that South Dakota and TransCanada want pipeline opponents to be asking themselves. Their hope is that fear of legal repercussions, no matter how tenuous, will keep these people silent, at home, not watching as projects like Keystone XL further degrade our environment and threaten the health and heritage of entire communities.
If you think that sounds like a law designed to have a chilling effect on free speech, the American Civil Liberties Union (ACLU) agrees. Representing Dakota Rural Action and several other groups, the ACLU has filed suit against the state, asserting that the Riot Boosting Act and a pair of other closely related laws violate the First and Fourteenth Amendments to the Constitution.
Sadly, the drama unfolding in South Dakota is a single example of a nationwide anti–free speech push from the fossil fuel industry. At the time of writing, legislators in Illinois, Idaho, Indiana, Kentucky, Minnesota, Missouri, Ohio, Tennessee, and Texas are considering bills that create or intensify penalties for protests near oil and gas pipelines. (This regularly updated tracker provides a running list of state and federal laws geared toward restricting the people's right to protest.)
Indeed, the laws being pushed in Texas and passed in Louisiana are often flagged as the worst of the bunch. In Texas, House Bill 3557 would make some forms of protest a second-degree felony, on par with second-degree murder. It also contains the same long-arm provisions as the South Dakota bill, authorizing the state to go after organizations seen to have supported protesters with penalties of up to $1 million. In Louisiana, a clever reclassification of oil pipelines as "critical infrastructure" now means that protesters assembled too close to pipelines can be prosecuted for criminal trespassing, a felony offense for which a conviction may bring prison time.
Many of these laws may be found unconstitutional. But while their constitutionality can be debated, one thing is beyond debate: They are deeply, profoundly un-American. The First Amendment right to peaceful assembly isn't some bit of arcane legal wording that can be relaxed whenever it proves troublesome to corporate interests or their friends in high governmental places. It's a bedrock principle of American freedom. And if it's somehow decided that we don't have the right, after all, to protest things that we believe pose a threat to our health, our communities, or our future, then we'll have entered a new phase of American history that would make our nation's founders shudder with fear.
Fifteen states are in for an unusually noisy spring.
- Millions of Cicadas Set to Emerge After 17 Years Underground ... ›
- Cicadas Show Up 4 Years Early - EcoWatch ›
EcoWatch Daily Newsletter
Deep in the woods, a hairy, ape-like man is said to be living a quiet and secluded life. While some deny the creature's existence, others spend their lives trying to prove it.
- Why Hunting Isn't Conservation, and Why It Matters - Rewilding ›
- Decline In Hunters Threatens How U.S. Pays For Conservation : NPR ›
- Is Hunting Conservation? Let's examine it closely ›
- Oklahoma Department of Wildlife Conservation | Oklahoma ... ›
- Oklahoma Bill Calls for Bigfoot Hunting Season | Is Bigfoot Real? ›
By Jon Queally
Noted author and 350.org co-founder Bill McKibben was among the first to celebrate word that the president of the European Investment Bank on Wednesday openly declared, "To put it mildly, gas is over" — an admission that squares with what climate experts and economists have been saying for years if not decades.
- Fossil Fuel Industry Is Now 'in the Death Knell Phase': CNBC's Jim ... ›
- Mayors of 12 Major Global Cities Pledge Fossil Fuel Divestment ... ›
- World's Largest Public Bank Ditches Oil and Coal in Victory for the ... ›
Nine feet tall is gigantic by human standards, but when researcher and conservationist Michael Brown spotted a giraffe in Uganda's Murchison Falls National Park that measured nine feet, four inches, he was shocked.
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="54af350ee3a2950e0e5e69d926a55d83"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/yf4NRKzzTFk?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
- Giraffe Parts Sold Across U.S. Despite Plummeting Wild Populations ... ›
- Green Groups Sue to Get Giraffes on Endangered Species List ... ›
- Conservationists Sound Alarm on Plummeting Giraffe Numbers ... ›
By Daisy Simmons
1. Stay Informed<p>A first order of business in pet evacuation planning is to understand and be ready for the possible threats in your area. Visit <a href="https://www.ready.gov/be-informed" target="_blank">Ready.gov</a> to learn more about preparing for potential disasters such as floods, hurricanes, and wildfires. Then pay attention to related updates by tuning <a href="http://www.weather.gov/nwr/" target="_blank">NOAA Weather Radio</a> to your local emergency station or using the <a href="https://www.fema.gov/mobile-app" target="_blank">FEMA app</a> to get National Weather Service alerts.</p>
2. Ensure Your Pet is Easily Identifiable<p><span>Household pets, including indoor cats, should wear collars with ID tags that have your mobile phone number. </span><a href="https://www.avma.org/microchipping-animals-faq" target="_blank" rel="noopener noreferrer">Microchipping</a><span> your pets will also improve your chances of reunion should you become separated. Be sure to add an emergency contact for friends or relatives outside your immediate area.</span></p><p>Additionally, use <a href="https://secure.aspca.org/take-action/order-your-pet-safety-pack" target="_blank" rel="noopener noreferrer">'animals inside' door/window stickers</a> to show rescue workers how many pets live there. (If you evacuate with your pets, quickly write "Evacuated" on the sticker so first responders don't waste time searching for them.)</p>
3. Make a Pet Evacuation Plan<p> "No family disaster plan is complete without including your pets and all of your animals," says veterinarian Heather Case in <a href="https://www.youtube.com/watch?v=Q9NRJkFKAm4" target="_blank">a video</a> produced by the American Veterinary Medical Association.</p><p>It's important to determine where to take your pet in the event of an emergency.</p><p>Red Cross shelters and many other emergency shelters allow only service animals. Ask your vet, local animal shelters, and emergency management officials for information on local and regional animal sheltering options.</p><p>For those with access to the rare shelter that allows pets, CDC offers <a href="https://www.cdc.gov/healthypets/emergencies/pets-in-evacuation-centers.html" target="_blank">tips on what to expect</a> there, including potential health risks and hygiene best practices.</p><p>Beyond that, talk with family or friends outside the evacuation area about potentially hosting you and/or your pet if you're comfortable doing so. Search for pet-friendly hotel or boarding options along key evacuation routes.</p><p>If you have exotic pets or a mix of large and small animals, you may need to identify multiple locations to shelter them.</p><p>For other household pets like hamsters, snakes, and fish, the SPCA recommends that if they normally live in a cage, they should be transported in that cage. If the enclosure is too big to transport, however, transfer them to a smaller container temporarily. (More on that <a href="https://www.spcai.org/take-action/emergency-preparedness/evacuation-how-to-be-pet-prepared" target="_blank" rel="noopener noreferrer">here</a>.)</p><p>For any pet, a key step is to establish who in your household will be the point person for gathering up pets and bringing their supplies. Keep in mind that you may not be home when disaster strikes, so come up with a Plan B. For example, you might form a buddy system with neighbors with pets, or coordinate with a trusted pet sitter.</p>
4. Prepare a Pet Evacuation Kit<p>Like the emergency preparedness kit you'd prepare for humans, assemble basic survival items for your pets in a sturdy, easy-to-grab container. Items should include:</p><ul><li>Water, food, and medicine to last a week or two;</li><li>Water, food bowls, and a can opener if packing wet food;</li><li>Litter supplies for cats (a shoebox lined with a plastic bag and litter may work);</li><li>Leashes, harnesses, or vehicle restraints if applicable;</li><li>A <a href="https://www.avma.org/resources/pet-owners/emergencycare/pet-first-aid-supplies-checklist" target="_blank">pet first aid kit</a>;</li><li>A sturdy carrier or crate for each cat or dog. In addition to easing transport, these may serve as your pet's most familiar or safe space in an unfamiliar environment;</li><li>A favorite toy and/or blanket;</li><li>If your pet is prone to anxiety or stress, the American Kennel Club suggests adding <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">stress-relieving items</a> like an anxiety vest or calming sprays.</li></ul><p>In the not-unlikely event that you and your pet have to shelter in different places, your kit should also include:</p><ul><li>Detailed information including contact information for you, your vet, and other emergency contacts;</li><li>A list with phone numbers and addresses of potential destinations, including pet-friendly hotels and emergency boarding facilities near your planned evacuation routes, plus friends or relatives in other areas who might be willing to host you or your pet;</li><li>Medical information including vaccine records and a current rabies vaccination tag;</li><li>Feeding notes including portions and sizes in case you need to leave your pet in someone else's care;</li><li>A photo of you and your pet for identification purposes.</li></ul>
5. Be Ready to Evacuate at Any Time<p>It's always wise to be prepared, but stay especially vigilant in high-risk periods during fire or hurricane season. Practice evacuating at different times of day. Make sure your grab-and-go kit is up to date and in a convenient location, and keep leashes and carriers by the exit door. You might even stow a thick pillowcase under your bed for middle-of-the-night, dash-out emergencies when you don't have time to coax an anxious pet into a carrier. If forecasters warn of potential wildfire, a hurricane, or other dangerous conditions, bring outdoor pets inside so you can keep a close eye on them.</p><p>As with any emergency, the key is to be prepared. As the American Kennel Club points out, "If you panic, it will agitate your dog. Therefore, <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">pet disaster preparedness</a> will not only reduce your anxiety but will help reduce your pet's anxiety too."</p>
Evacuating Horses and Other Farm Animals<p>The same basic principles apply for evacuating horses and most other livestock. Provide each with some form of identification. Ensure that adequate food, water, and medicine are available. And develop a clear plan on where to go and how to get there.</p><p>Sheltering and transporting farm animals requires careful coordination, from identifying potential shelter space at fairgrounds, racetracks, or pastures, to ensuring enough space is available in vehicles and trailers – not to mention handlers and drivers on hand to support the effort.</p><p>For most farm animals, the Red Cross advises that you consider precautionary evacuation when a threat seems imminent but evacuation orders haven't yet been announced. The American Veterinary Medical Association has <a href="https://www.avma.org/resources/pet-owners/emergencycare/large-animals-and-livestock-disasters" target="_blank">more information</a>.</p>
Bottom Line: If You Need to Evacuate, So Do Your Pets<p>As the Humane Society warns, pets left behind in a disaster can easily be injured, lost, or killed. Plan ahead to make sure you can safely evacuate your entire household – furry members included.</p>
- 5 Ways to Be an Eco-Friendly Pet Owner - EcoWatch ›
- Can Your Pets Get and Transmit Coronavirus? - EcoWatch ›