Obama Administration Targets Environmental and Animal Rights Activists As Eco-Terrorists

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Indictment of AETA 4 - United States of America v. Buddenberg et al - Filed March 12, 2009 in US District Court for the Northern District of California (San Jose)

Count One - Conspiracy

From about October 2007 - July 2008, "the defendants conspired to use and caused to be used a facility of interstate commerce for the purpose of damaging and interfering with the operations of an animal enterprise (and) did intentionally place a person in reasonable fear of death of, and serious bodily injury to that person, a member of the immediate family of that person, and a spouse and intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, and intimidation...."

Count Two - Force, Violence, and Threats Involving Animal Enterprises

....defendants used and caused to be used a facility of interstate commerce, for the purpose of damaging and interfering with the operations of an animal enterprise, and in connection with that purpose did intentionally" commit the same acts described above.

Status of the Case

On May 22, 2009, the Center for Constitutional Rights (CCR) joined with defense counsel from the Civil Liberties Defense Center (CLDC) in a motion to dismiss the indictment and asked the Court to strike down the Animal Enterprise Terrorism Act (AETA) as unconstitutional on grounds of "overbreadth (and) vagueness." CCR stated:

"These are doctrines that allow individuals to challenge laws that chill speech and advocacy and require people to guess at a statute's meaning and scope."

CCR attorney Matthew Strugar said:

"To characterize protest and speech as terrorist activities is ludicrous. And it is not just animal rights activists who are in danger here. The AETA is so broad and unclear it could be used to suppress lawful protests and boycotts by any activists across the spectrum, no matter what the issue. The law must be struck down."

CCR said the AETA 4 "actions are clearly and traditionally protected by the First Amendment (yet) The Department of Justice brazenly calls these young activists 'terrorists....' "

The Animal Enterprise Terrorism Act (AETA)

On November 27, 2006, AETA became law, replacing the 1992 Animal Enterprise Protection Act. Using broad and vague language, the new law criminalized First Amendment activities advocating for animal rights like peaceful protests, leafleting, undercover investigations, whisleblowing, and boycotts. These legal acts are now crimes under AETA. It equates peaceful protest-related activities with violence and terrorism.

Its proponents include prominent industries that exploit animals for profit. They argued that animal rights activism was increasing, their facilities were being targeted, and tough laws were needed for protection. They claimed:

-- existing federal and state laws were inadequate; and

-- activist "attacks" disrupted "vital services" that millions of Americans require.

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