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First Circuit Court of Appeals Hears Oral Arguments in Lawsuit Challenging the Animal Enterprise Terrorism Act

[BOSTON, MA]  Yesterday members of the Center for Constitutional Rights (CCR) and their supporters packed a Boston, MA courtroom, as Senior Staff Attorney Rachel Meeropol demanded the First Circuit Court of Appeals strike down the Animal Enterprise Terrorism Act (AETA) as a violation of the First Amendment.

The AETA is a federal criminal statute ushered through Congress in 2006 by powerful lobbyists for the fur, pharmaceutical, and meat industries. It criminalizes a broad swath of free speech activities and has cast a chill over the animal rights community. CCR filed the first civil challenge to AETA, Blum v. Holder, in support of five animal rights activists who have censored themselves and limited their lawful advocacy out of fear that their work could subject them to prosecution as terrorists.

Want to fight the silencing of a movement? Do it directly by listening to and amplifying the voices of these activists. Please watch, share, and tweet (using #AETAspeakout) this new, two-minute video by CCR, featuring the plaintiffs in Blum v. Holder. Also check out Rachel Meeropol’s accompanying blog on the Huffington Post.

The plaintiffs are animal rights activists from across the country who are chilled from continuing their lawful and important advocacy work based on the broad reach of the Animal Enterprise Terrorism Act…

sarahjane blum
Sarahjane Blum

lives in Minneapolis, Minnesota, where she runs a small business with her husband. In 2003, Sarahjane co-founded GourmetCruelty.com, a grassroots coalition dedicated to exposing the abuse of ducks and geese raised for foie gras. The following year, the group released a short film, Delicacy of Despair, Behind the Closed Doors of the Foie Gras Industry, documenting their investigation of deplorable conditions on foie gras farms, and featuring the “open rescue” of a number of ducks. Sarahjane would like to continue her anti-foie gras work in Minnesota, which has become a significant foie gras producer, without breaking the law. But she is limited in her ability to do so, as the AETA criminalizes campaigns like hers that could cause a foie gras farm to lose profit, or hire extra security.

ryan shapiro
Ryan Shapiro

lives in Cambridge, Massachusetts, where he is completing a PhD at MIT. Ryan’s research focuses on disputes over animals and national security. In particular, his work explores the use of the rhetoric and apparatus of national security to marginalize animal protectionists as threats to American security from the late nineteenth century to the present. A longtime grassroots animal rights activist, Ryan co-founded GourmetCruelty.com with Sarahjane, and has focused much of his activism on factory farming issues. Ryan’s work, along with that of Sarahjane and the rest of the coalition, was instrumental in the 2004 passage of a California State law banning all foie gras production within the State. Ryan holds a degree in film and used these skills to direct Delicacy of Despair. Ryan wishes to further utilize his expertise to document and expose animal exploitation and abuse on factory farms. He is chilled from engaging in this important work, however, because documenting and distributing evidence of animal exploitation and abuse risks prosecution as a terrorist under the AETA. Read Ryan’s recent piece, Is Freeing a Duck Terrorism? on Truthout.

Lana Lehr
Lana Lehr

lives in Bethesda, Maryland. She is a licensed psychotherapist, and has been seeing patients in private practice for over 20 years. After adopting a rescued rabbit, Lana became interested in rabbit care and advocacy issues, eventually co-founding RabbitWise, a public charity devoted to preventing the irresponsible acquisition and care of companion rabbits, improving retention rates of rabbits already living in homes, educating people who live with or treat rabbits to give them the best possible care, and advocating for the broader welfare of rabbits in general. Lana used to supplement her rabbit advocacy by organizing and attending lawful, peaceful anti-fur protests in DC, but she is now afraid to attend such protests out of fear that even a lawful protest, which causes a fur store to lose money, would violate the AETA and risk prosecution as a terrorist.

lauren gazzola
Lauren Gazzola

lives in Brooklyn, New York, where she works in the communications department of a non-profit legal organization. Lauren served almost three and a half years in federal prison after being convicted, along with five others, under a prior version of the AETA – The Animal Enterprise Protection Act of 1992. Lauren’s arrest and prosecution arose from her leadership role in Stop Huntingdon Animal Cruelty (SHAC), a grassroots campaign devoted to exposing and ending horrific animal abuse at Huntingdon Life Sciences, a corporation made infamous after undercover investigators disclosed footage of researchers dissecting a conscious monkey, repeatedly punching beagle puppies in the face, and other abuse. Lauren and the other SHAC defendants were not prosecuted for personally damaging Huntingdon property but, rather, for running a website that reported on and endorsed legal and illegal protests that caused the company to lose money. Now that she is out of prison, Lauren would like to engage in lawful animal rights work, but she cannot tell what is protected by the First Amendment and what is not, due to the broad reach and vague language of the AETA.

jay johnson
J Johnson

also lives in Brooklyn, New York, where he is an undergraduate at The New School. J moved to New York recently, from his native Chicago, where he spent close to a decade organizing protests and educating the public as a leader in the Chicago-area SHAC campaign. He left Chicago due in large part to the erosion there of long standing animal rights networks and his resulting inability to effectively organize demonstrations. Upon arriving in New York, he hoped to connect with others involved in sustainable and strategic animal rights campaigns, but has had trouble finding advocates to work with, due to a chill throughout the animal rights community as whole, based on the targeting of that community as would-be terrorists under the AETA.

The AETA criminalizes a broad swath of protected First Amendment activities and is so vague as to fail to give people notice of whether or not their conduct falls under the statute’s prohibitions.

In 2011, CCR filed the first civil challenge to the law. The case was dismissed on standing by the District Court in 2012, and CCR has since filed an appeal to the First Circuit. To learn more about the CCR’s legal challenge to the AETA please visit » http://ccrjustice.org/AETA