Protest is criminalised and the huffers and puffers say nothing
The police abuse terror and harassment laws to penalise dissent while we insist civil liberties are our gift to the world
George Monbiot
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All politicians who seek to justify repressive legislation claim that they are responding to an unprecedented threat to public order. And all politicians who cite such a threat draft measures in response which can just as easily be used against democratic protest. No act has been passed over the past 20 years with the aim of preventing antisocial behaviour, disorderly conduct, trespass, harassment and terrorism that has not also been deployed to criminalise a peaceful public engagement in politics. When Walter Wolfgang was briefly detained by the police after heckling the foreign secretary last week, the public caught a glimpse of something that a few of us have been vainly banging on about for years.
On Friday, six students and graduates of Lancaster University were convicted of aggravated trespass. Their crime was to have entered a lecture theatre and handed out leaflets to the audience. Staff at the university were meeting people from BAE Systems, Rolls-Royce, Shell, the Carlyle Group, GlaxoSmithKline, DuPont, Unilever and Diageo, to learn how to "commercialise university research". The students were hoping to persuade the researchers not to sell their work. They were in the theatre for three minutes. As the judge conceded, they tried neither to intimidate anyone nor to stop the conference from proceeding.
They were prosecuted under the 1994 Criminal Justice Act, passed when Michael Howard was the Conservative home secretary. But the university was able to use it only because Labour amended the act in 2003 to ensure that it could be applied anywhere, rather than just "in the open air".
Had Mr Wolfgang said "nonsense" twice during the foreign secretary's speech, the police could have charged him under the Protection from Harassment Act 1997. Harassment, the act says, "must involve conduct on at least two occasions ... conduct includes speech". Parliament was told that its purpose was to protect women from stalkers, but the first people to be arrested were three peaceful protesters. Since then it has been used by the arms manufacturer EDO to keep demonstrators away from its factory gates, and by Kent police to arrest a woman who sent an executive at a drugs company two polite emails, begging him not to test his products on animals. In 2001 the peace campaigners Lindis Percy and Anni Rainbow were prosecuted for causing "harassment, alarm or distress" to American servicemen at the Menwith Hill military intelligence base in Yorkshire, by standing at the gate holding the Stars and Stripes and a placard reading "George W Bush? Oh dear!" In Hull a protester was arrested under the act for "staring at a building".
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http://www.guardian.co.uk/comment/story/0,3604,1584114,00.html