The Assault on Free Speech, Public Assembly, and Dissent

A National Lawyers Guild Report 9
of chemical weapons and “less lethal” rounds against crowds without
provocation. Activities that cause individuals to fear engaging in
speech because of possible punishment are profoundly dangerous to
the proper functioning of any democracy. In addition, the
government generates erroneous and negative portrayals of protesters
that are repeated uncritically by the media and that perpetuate
frightening stereotypes. Furthermore, anticipatory punishment is
illegal: In Collins v. Jordan, the Ninth Circuit reaffirmed that First
Amendment activity may not be banned merely because similar
activity resulted in instances of violence in the past: “<strong>The</strong> courts have
held that the proper response to potential and actual violence is for
the government to ensure an adequate police presence and to arrest
those who actually engage in such conduct rather than to suppress
legitimate First Amendment conduct as a prophylactic measure.” 6
It should be noted that police violence has escalated since the 1999
World Trade Organization meeting, when thousands of individuals
of all ages and backgrounds flocked to Seattle for protests.
According to the final report of the Seattle City Council’s World
Trade Organization Accountability Review Committee, what police
described as massive violence by protesters was in fact an abdication
of police and city leaders’ responsibility during the planning process.
<strong>The</strong> report concluded that Seattle police chief Norman Stamper’s
“failure to provide leadership…contributed to the lack of proper
planning, which placed the lives of police officers and citizens at risk
and contributed to the violation of protesters’ constitutional rights.” 7
<strong>The</strong> suppression of legitimate First Amendment activities by legions
of police and government agents suited in body armor and engaging
in paramilitary tactics has a terrifying effect on demonstrators and
creates an atmosphere of violence. Such tactics frighten protesters
and encourage aggressive behavior among police officers, resulting
in unnecessary confrontation and injuries.
FBI-Encouraged Police Spying on and Infiltration of Political
Groups
On May 30, 2002, Attorney General Ashcroft amended the Attorney
General’s guidelines on FBI domestic spying. 8 Under the new
guidelines, agents may use data-mining services and may search