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Let’s play a round of spot the criminal.
Is it A, this guy, B, one of these people,
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or C, these people. If you guessed C, you’re
a caring person with a heart brimming with
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compassion. And, you’re legally wrong. ‘Cause
in the real world, you free Willy, you go to jail.
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Where do we draw the line when it comes to animal
activism? When are certain actions compassionate
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versus criminal. When is saving a life an
act of terrorism versus heroism?
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In the United States at least, the legal line
is moving further and further in favor of
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criminalizing activism. The Animal Enterprise
Terrorism Act, or AETA, was signed into law
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on Nov 27th, 2006 by President George W Bush.
This act amended and expanded the Animal Enterprise
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Protection Act of 1992.
The Defending Dissent Foundation puts it this
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way: The Animal Enterprise Terrorism Act criminalizes
a broad range of organizing and protest activity,
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and brands it as ‘terrorism’. The law
is intended to muzzle animal rights advocates,
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but it’s so broad that it could be used
against virtually anyone who uses the internet
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to research or provide information about an
issue, or who organizes a protest or boycott.
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Yes, it is that bad! That’s why we call
it the Activism Equals Terrorism Act.
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This is particularly true when considering
that the AETA leaves room for conspiracy charges,
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which allows for prosecution based not on
your actions alone, but on your connection
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to other peoples’ actions, regardless of
participation or even knowledge of those actions.
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The past decade has seen a number of prosecutions
under both the AEPA and the AETA. These prosecutions
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have been notable in that they have both criminalized
activities that are generally protected under
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the First Amendment, such as chanting and
leafleting and they’ve also been used to
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enhance charges for direct actions, which
are already criminalized by existing federal
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or state statutes.
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I had something of my own experience with
this when I faced potential legal repercussions
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for a performance art piece I did in which
I was branded with a cattle iron. Because
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apparently that hurt other people more than
it hurt me.
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Now, what if you don’t steal anything, free
any animals or destroy any property. What
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if all you want to do is show what’s happening
behind the closed doors of farm, factories,
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and labs? In many places in the US, this is,
or is becoming, a crime as well. Ag-Gag laws
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are becoming standard across the country.
Ag-gag is a term used for a variety of anti-whistleblower
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laws in the United States that prohibit the
making of undercover videos, photographs and
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sound recordings. Kansas was the first state
to enact an ag-gag law, in 1990.
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Undercover videos are important for a number
of reasons. They educate the public on what
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is really happening to produce our food, fashion,
cosmetics, etc. They also give a voice to
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the animals who suffer and die behind closed
doors without a chance for anyone to tell
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their story. They help keep companies accountable
for their actions. And, believe it or not,
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they help human society. You see, ag-gag bills
are troubling not only for animal activists,
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but also people concerned with food safety,
labor issues, free speech, and freedom of
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the press. These bills apply equally to journalists,
employees, and activists. By prohibiting any
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type of undercover recordings, a farm's own
employees would be prohibited from attempting
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to record food safety violations, labor violations,
sexual harassment incidents or other illegal
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activity.
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Let’s do a quick summary. And if you’re
sensitive to graphic imagery, just listen
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to the audio on this, and I’ll tell you
when it’s okay to look again.
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So the law protects the mink farmer using
anal electrocution and skinning animals alive.
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It protects the vivisectionist performing
cruel and useless experiments on conscious
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animals. It protects the farmer cramming a
veal calf into a crate, lopping off appendages
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without anesthetic, and blatantly abusing
animals. But what the law does not protect
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and, in fact prosecutes is the people trying
to stop all of this.
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How logical is this? Criminal. Legally Protected.
Terrorist. Legally Protected. Illegal. Legal.
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For those of you turned away, the graphic
part’s over. This whole situation is ass
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backwards. The law needs to stop criminalizing
those who are trying to stop cruelty and start
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protecting those upon whom this cruelty is
being inflicted. In the end, isn’t that
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what legal protection is supposed to do? Protect
those who cannot protect themselves?
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So you tell me. Who’s the real criminal?
And if we asked the animals, I’m pretty
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sure what their answer would be. Let me know
your thoughts in the comments and give the
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video a thumbs up if you liked it. Please
share it around to spread the word and I’ll
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see you next time.