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.
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Wisdom the mōlī, or Laysan albatross, is the oldest wild bird known to science at the age of at least 70. She is also, as of February 1, a new mother.
<div id="dadb2" class="rm-shortcode" data-rm-shortcode-id="aa2ad8cb566c9b4b6d2df2693669f6f9"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1357796504740761602" data-partner="rebelmouse"><div style="margin:1em 0">🚨Cute baby alert! Wisdom's chick has hatched!!! 🐣😍 Wisdom, a mōlī (Laysan albatross) and world’s oldest known, ban… https://t.co/Nco050ztBA</div> — USFWS Pacific Region (@USFWS Pacific Region)<a href="https://twitter.com/USFWSPacific/statuses/1357796504740761602">1612558888.0</a></blockquote></div>
By Hui Hu
Winter is supposed to be the best season for wind power – the winds are stronger, and since air density increases as the temperature drops, more force is pushing on the blades. But winter also comes with a problem: freezing weather.
Comparing rime ice and glaze ice shows how each changes the texture of the blade. Gao, Liu and Hu, 2021, CC BY-ND
Ice buildup changes air flow around the turbine blade, which can slow it down. The top photos show ice forming after 10 minutes at different temperatures in the Wind Research Tunnel. The lower measurements show airflow separation as ice accumulates. Icing Research Tunnel of Iowa State University, CC BY-ND
While traditional investment in the ocean technology sector has been tentative, growth in Israeli maritime innovations has been exponential in the last few years, and environmental concern has come to the forefront.
theDOCK aims to innovate the Israeli maritime sector. Pexels<p>The UN hopes that new investments in ocean science and technology will help turn the tide for the oceans. As such, this year kicked off the <a href="https://www.oceandecade.org/" target="_blank" rel="noopener noreferrer">United Nations Decade of Ocean Science for Sustainable Development (2021-2030)</a> to galvanize massive support for the blue economy.</p><p>According to the World Bank, the blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem," <a href="https://www.sciencedirect.com/science/article/pii/S0160412019338255#b0245" target="_blank" rel="noopener noreferrer">Science Direct</a> reported. It represents this new sector for investments and innovations that work in tandem with the oceans rather than in exploitation of them.</p><p>As recently as Aug. 2020, <a href="https://www.reutersevents.com/sustainability/esg-investors-slow-make-waves-25tn-ocean-economy" target="_blank" rel="noopener noreferrer">Reuters</a> noted that ESG Investors, those looking to invest in opportunities that have a positive impact in environmental, social and governance (ESG) issues, have been interested in "blue finance" but slow to invest.</p><p>"It is a hugely under-invested economic opportunity that is crucial to the way we have to address living on one planet," Simon Dent, director of blue investments at Mirova Natural Capital, told Reuters.</p><p>Even with slow investment, the blue economy is still expected to expand at twice the rate of the mainstream economy by 2030, Reuters reported. It already contributes $2.5tn a year in economic output, the report noted.</p><p>Current, upward <a href="https://www.ecowatch.com/-innovation-blue-economy-2646147405.html" target="_self">shifts in blue economy investments are being driven by innovation</a>, a trend the UN hopes will continue globally for the benefit of all oceans and people.</p><p>In Israel, this push has successfully translated into investment in and innovation of global ports, shipping, logistics and offshore sectors. The "Startup Nation," as Israel is often called, has seen its maritime tech ecosystem grow "significantly" in recent years and expects that growth to "accelerate dramatically," <a href="https://itrade.gov.il/belgium-english/how-israel-is-becoming-a-port-of-call-for-maritime-innovation/" target="_blank" rel="noopener noreferrer">iTrade</a> reported.</p><p>Driving this wave of momentum has been rising Israeli venture capital hub <a href="https://www.thedockinnovation.com/" target="_blank" rel="noopener noreferrer">theDOCK</a>. Founded by Israeli Navy veterans in 2017, theDOCK works with early-stage companies in the maritime space to bring their solutions to market. The hub's pioneering efforts ignited Israel's maritime technology sector, and now, with their new fund, theDOCK is motivating these high-tech solutions to also address ESG criteria.</p><p>"While ESG has always been on theDOCK's agenda, this theme has become even more of a priority," Nir Gartzman, theDOCK's managing partner, told EcoWatch. "80 percent of the startups in our portfolio (for theDOCK's Navigator II fund) will have a primary or secondary contribution to environmental, social and governance (ESG) criteria."</p><p>In a company presentation, theDOCK called contribution to the ESG agenda a "hot discussion topic" for traditional players in the space and their boards, many of whom are looking to adopt new technologies with a positive impact on the planet. The focus is on reducing carbon emissions and protecting the environment, the presentation outlines. As such, theDOCK also explicitly screens candidate investments by ESG criteria as well.</p><p>Within the maritime space, environmental innovations could include measures like increased fuel and energy efficiency, better monitoring of potential pollution sources, improved waste and air emissions management and processing of marine debris/trash into reusable materials, theDOCK's presentation noted.</p>
theDOCK team includes (left to right) Michal Hendel-Sufa, Head of Alliances, Noa Schuman, CMO, Nir Gartzman, Co-Founder & Managing Partner, and Hannan Carmeli, Co-Founder & Managing Partner. Dudu Koren<p>theDOCK's own portfolio includes companies like Orca AI, which uses an intelligent collision avoidance system to reduce the probability of oil or fuel spills, AiDock, which eliminates the use of paper by automating the customs clearance process, and DockTech, which uses depth "crowdsourcing" data to map riverbeds in real-time and optimize cargo loading, thereby reducing trips and fuel usage while also avoiding groundings.</p><p>"Oceans are a big opportunity primarily because they are just that – big!" theDOCK's Chief Marketing Officer Noa Schuman summarized. "As such, the magnitude of their criticality to the global ecosystem, the magnitude of pollution risk and the steps needed to overcome those challenges – are all huge."</p><p>There is hope that this wave of interest and investment in environmentally-positive maritime technologies will accelerate the blue economy and ESG investing even further, in Israel and beyond.</p>
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