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TechnoratiHas Maine Set a Precedent on Anti-War Protests?
A unanimous verdict that freed six protesters of trespassing charges may show respect for dissent.
In late April, six peace activists stood victorious in front of Maine's Penobscot County Superior Court.
A jury had acquitted them on criminal trespass charges for failing to obey a police request that they end their sit-in protest at the closing of U.S. Sen. Susan Collins' office in the Margaret Chase Smith Federal Building.
It should be noted that six other protestors also had been arrested, but pleaded no contest, paid fines and were released.
These men, dubbed the "Bangor Six," believed that the Constitution was being violated by the Bush administration's involvement in Iraq and sought redress of their grievances as provided by the First Amendment.
According to several e-mails in response to a related article that appeared in the Bangor Daily News, actual trial witnesses stated that all of the defendants took the stand and expressed their opinions regarding their actions and the Iraq war in a calm, deliberate manner.
They were protesting President Bush's proposal to increase U.S. combat troops in Iraq to support a military effort known as the "surge."
Universally, they asserted that they had made numerous attempts to communicate directly with Sen. Collins, to no avail. Their consensus was that the Constitution prevailed over local ordinances.
The jury was instructed to set aside their feelings about the war, and was also allowed to consider whether or not the defendants believed they had "license and privilege" to consciously choose to break Maine law because they thought international law had been violated.
Unanimously, the jury decided in the protesters' favor.
Surprisingly, this precedent-setting case remains below the national radar, even though it's not the first time that Maine anti-war activists have stepped up to the plate.
According to Pax Christi Maine, a Catholic peace movement affiliate, "There have (to date) been 25 peace activists arrested at Sen. Collins' Bangor office and 36 arrested at Sen. Olympia Snowe's office since the beginning of the (Iraq) war."
Local opposition to the "Bangor Six" and other war protesters remains alive and kicking in Maine, despite controversial statements made by Penobscot County District Attorney Christopher Almy, who expressed to the Bangor Daily News his belief that this verdict was an indicator of Mainers' disgust toward the Iraq "debacle."
Almy and others have since suggested that these types of cases might be handled differently in the future, perhaps within the federal court system.
Along with widespread praise, these men have had to withstand rigorous public scrutiny. They have been challenged as being draft dodgers with too much free time, typical liberal elites and so on.
Interestingly, at least two of the six are war veterans, including Dud Hendrick, a Naval Academy graduate and former Air Force officer who volunteered for two tours in Vietnam and who now teaches peace studies at the University of Maine at Orono, and Doug Rawlings, a veteran of combat in Vietnam and an active member of Veterans for Peace.
Other arrested advocates include a college professor, retired school-teacher, a college administrator, a farmer, a carpenter and a nationally known artist.
A prevailing complaint is that, in the eyes of some, these people simply broke the law and should be punished. In their opinion, doing something illegal to make a point doesn't hold water. Trespassing on government property is illegal. Period.
Opponents to this view might suggest that government buildings belong to all Americans, and, as taxpaying citizens we have the right to express our convictions on these properties.
My mind takes me to those 12 selected citizens who arrived at this unanimous verdict. There is no way on Earth to pick 12 people who agree about anything. Consensus is the order of the day in the courtroom.
The reality is that in general, human beings don't like the idea of being arrested for voicing their opinions. Nor do they appreciate being cordoned off to a "protest area" far removed from the officials who should hear their grievances.
Could this trial have been avoided? I think so. All these peaceful citizens were trying to do was express their concerns to elected representatives.
They were denied an opportunity to speak with them and then treated as criminals.
Elected officials, in any office, are accountable to the people who put them there. And, the actions of peaceful objectors do not make them any less American or patriotic.
Public servants from all states must be more responsive to their constituents. They should not ignore the voices of any one of us, especially if they disagree with our views.
Leigh Donaldson is a Portland writer whose book about the antebellum African-American press in the Northeast is due for publication in 2009. He can be contacted at:leighd@lycos.com
Copyright © 2008 Blethen Maine Newspapers
19 Comments so far
Show Allwhy do protesters in california or the norheast always think they are setting some historic standard that will be passed on to their grandkids?
I'm still glad the outcome was good. Nice to see it didn't end up with protesters being hauled off in a squad car or tear gas being deployed.
Yo, Maine peace people. YOU make me proud to be a citizen of the United States of America!
Thanks again Kolea.
Have sent my protest to media, Chief of Police and Mayor. No word from any yet... big surprise.
Have 'requested' a hearing with the Chief. Will see what comes of it.
Want to take with me [us] some evidence of citizen successes in challenging this waffling on our rights by local police.
Keep doing your peace!
@jjay in Kentucky,
Run a Google search with the terms: advance manual Bush protesters sue. You will bring up lots of good hits, including an ACLU discussion and the First Amendment Center.
The Bush gang has been pushing aside demonstrators illegally for his entire term. We either use our rights, or we lose them. And every once in a while, we have to resist to the point of getting arrested. When we are on solid ground, we can sometimes sue and be awarded damages. Unfortunately, we will have to still defend our rights when Obama is elected.
Kudos to the Maine jury for supporting liberty and helping rein in imperialism! There is something quite sweet about small town New England common sense and decency!
Hope the good folks of Maine good ahead with the good folks of Vermont and Secede.
Thanks for the "CIA" correction Kolea. They're all the same to me !!!
NOT REALLY. Heat of the moment mistake. Sorry CIA, REALLY!
Yeah, and those they were "protecting" were not even GWB. I do empathize with the local police, because they have a job and who wants to be fired for insubordination. Still, there has got to be a way to protect them and us too.
I would love to know the sources of the local police departments which have been found libel for settlements in improper arrests.
If you have the info please share.
Our Louisville Peace Action Community [ see louisvillepeace.org ] has been doing protests since before the Iraq War/Occupation and we usually have Peace Keepers and Lawyer observers on hand. This event was organized too quickly and we learned a bit from that. It does not excuse the police or the SS.
Thanks again to all comments.
@jjay in Kentucky,
Thanks for your service to the country!
I think you made a mistake in identifying the person as a "CIA agent." More likely, it would have been a Secret Service agent. The White House has political operatives whose function is to anticipate and move away demonstrators. They direct the SS agents who, improperly, direct the local cops. The local cops are generally on edge and will follow the SS agents' directions without question.
If you google around, you will see that this has been the common practice for presidential appearances. And, it is undoubtedly illegal. The Secret Service, and local police, have a right to move citizens away from the president for legitmate security reasons. But they do NOT have a right to move protesters away simply to keep them out of sight (or sound) of the president.
The restrictions on the public must apply equally to pro-Bush and anti-Bush signholders. In fact, an assassin would more likely try to pass as a Bush supporter than an anti-Bush demonstrator.
It gets complicated because the police also have a right to separate demonstrators and counter-demonstrators in the interest of "keeping the peace," or preventing public disorder. In such cases, it appears likely the pro-Bush demonstrators would be allowed to get closer to the president than those opposed.
When Bush last came to our town for an event and the police tried to relocate us, I tried to put up a bit of resistance. We had a couple of observers from the National Lawyers Guild at hand, but they were not well-informed about our rights enough to encourage us to take steps which likely would have resulted in our arrests.
A number of people arrested under similar circumstances have sued the local police departments for improper arrests and have won settlements.
Kudos to that Maine jury that defied the judge's "charge to the jury" regarding the violation of the trespass law. That is the kind of stuff, short of revolution, that needs to happen to begin to break the stranglehold of a felonious (out of control) government over its people.
Just imagine if all juries would refuse to convict war protestors for violations of law - including criminal acts.
With that kind of support and backing from the people, protesting would have some real clout. It would provide a form of legal (non-prosecutorial) power (jury repudiation) to the people that would trump all of the government laws that allow a felonius government to prevent people from exercising their constitutional rights and powers.
It sorely needs to become a precedent.
Let's all work to make it a precedent !!!
It's no wonder this story is below national radar. We wouldn't want the citizenry to get the idea they have any rights, or that their congresspeople ought to listen and respond to communications from their constituents. Why, if all citizens felt that their voices deserved to be heard, and that preventing them from voicing their opinions might be a violation of their rights, this country might become a vision of what the founding fathers had intended. We couldn't have that now, could we?
Our group picked the busiest street corner on the busiest hour and day to hold our signs, marching on the sidewalk. Occasionally an officer shows up to say that he has been commissioned to violate our rights to free speech, and that he has refused to do so. We buy him a cup of coffee. Five cities near me, have simular protest groups.
havn't yet took a chance on cival disobediance, but I sure admire the bravery of those who do.
Namaste
Informed juries are the law if they so chose.
I don't see this as a trend. Martial law is more likely than actual submission to the will of the people.
THANK YOU MAINE CITIZENS!
I think I understand a bit more about how Congress is standing aside to allow Telecoms immunity for spying on citizens without the legal prerequisite court order.
Please tell me how close or how far off base I am. I am boiling mad and was on last Saturday, closer than I have ever been to requiring a policeman to arrest me for exercising my Constitutional right of free speech.
On Saturday afternoon about fifteen of us were attempting to give presidential candidate John McCain and Senatorial candidate Mitch McConnell clearly worded oral and sign messages as they entered their $1000 a plate fund raiser in Louisville, Ky.
We had our signs and were chanting a few pointed quips in the place the U.S. Secret Service agents in town for the event, told us we could gather. After about thirty minutes, the agents sent some Louisville Police over to inform us that we needed to move to the other side of the street. We did so without protest or confrontation.
After another thirty minutes of chanting and receiving horns honking in our support, Louisville Police came from openly conferencing with Secret Service agents near the corner where we began our protest. At this point we were told we needed move to "an observation point" one block away on the other side of the Louisville Convention Center.
After a number of tries to find out why we were being moved again, we were told by the Louisville Policeman that we were "a danger" to the candidate. When asked in what way we were a danger, no answer was forthcoming. Pressed as to whether our words and signs were a danger to the candidate, we got a confirmation from the Louisville officer. There was no request or attempt to search us or make any assertion other than that our freedom of speech was a threat and "danger" to political candidates John McCain and Mitch McConnell.
The fact that a Louisville Police officer was told to violate our freedom of speech by a C.I.A. agent, makes it okay for the officer to violate the Constitution. Very few citizens are going to stand up to a police officer in this kind of situation. When there are several police officers, there is little or no chance one wants a confrontation. The physical force intimidation is enormous and everyone knows it. The actual crime is that the local police chose to bend to break the law rather than enforce the law based on the demands of federal agents. The hidden crime is that the C.I.A. is virtually out of the picture of guilt or accountability because the local police accept their intimidation and thus the responsibility and accountability of actually breaking the law. If one wanted to hold accountable law enforcers for violating freedom of speech under the Constitution, the local police would bear that burden. It is a crime and incredible shame to have a local officer either blindly or consciously twist the law to please a federal agent or candidate.
It is virtually the same with the Telecom immunity issue. Because a president or staff says they can do it, in the Telecom's view, the illegal act of spying on citizens became suddenly legal, exclusive of the balancing of power required by our Constitution through legislation or a judicial decision. One difference in the two actualities is that the Telecoms and those in Congress are not without lawyers or handy legal advice, unlike we on the streets. Telecoms and Congress actually know the law AND they know the system, how it works and how to work it. We citizens of the sidewalks on the other hand must allow the system to first work on us and then hope we can land a lawyer before a judge or jury which understand our perspective on what freedom of speech implies. Another reason why individuals choose to live their lives out of the range of possibilities for questioning authority and decide it is better to do what one is told and keep one's job or "security"... forget the rest.
I hope Vermont takes Maine with it when it secedes.
This case is significant; may it inspire many acts. Way to exercise the constitution.
Besides the rebuke of the Bush stooge prosecutors, it is most satisfying to see the jury inform federal office holders that they are not some imperial nobles unaccountable to the electorate who put them in their office in the first place.
Wouldn't it be cool if 50-100 more protesters headed for the Bush compound at Kenneunkport next?
Amacd sez:
As a Mainer, I would say that the sun rises on Maine first.
***********
This is certainly true and Vermont is not very far behind.
Selective compliance of the law is always wrong. Trampling other peoples rights to assert your own is not your right.
Collins and Snowe should have given them appointments.
very good outcome.
Snowe and Collins are * * *. I hope the researchers tasked to understand this phenomena will look into them.
As a Mainer, I would say that the sun rises on Maine first.
Hopefully, the rest of the country, the rest of us average, working-class Americans (where working-class is simply defined as making far more from our work than from idle, unearned wealth) will start to do the same thing ---- and confront this friggin 'corporatist Empire' hiding behind the facade of their phony two-party 'Vichy' government that has stolen our democracy.