What I find most peculiar about this case -- if I read the news reports right (did I?)-- is that the mere indictment is considered sufficient reason for the government to prevent Greenpeace from docking in Miami. This does not square with the law as to presumption of innocence that those innocents at Yale taught me about in school.
On Mon, 3 Nov 2003, Michael MASINTER wrote: > Last year two Greenpeace activists boarded a ship believed to be > unlawfully smuggling mahogany; they accompanied the ship to shore and were > later charged with a petty offense for unlawfully boarding the ship. The > government has since indicted Greenpeace, Inc. for boarding the ship and > for conspiring to commit the unauthorized boarding. > > Civil disobedients expect to be and routinely are prosecuted for engaging > in civil disobedience, and there is nothing surprising in the decision by > the government to prosecute the individuals who boarded the ship. But the > decision to indict Greenpeace, Inc. seems unprecedented. Is there any > history of federal prosecution of nonnviolent advocacy organizations whose > members engage in civil disobedience, or is this a first? What does this > portend for other advocacy groups that encourage or sponsor civil > disobedience? > > Michael R. Masinter 3305 College Avenue > Nova Southeastern University Fort Lauderdale, Fl. 33314 > Shepard Broad Law Center (954) 262-6151 > [EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel > -- http://www.icannwatch.org Personal Blog: http://www.discourse.net A. Michael Froomkin | Professor of Law | [EMAIL PROTECTED] U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm -->It's hot here.<--
