Thread by @Ecosozialismus

Today, I’m going to draw attention to 2 bills at the OR legislature that could be used on social, racial, & environmental justice activists: HB 2572 & 2772.

As a long time activist who has directly experienced law enforcement overreach, I'm concerned.

#orleg #orpol

The bill sponsors are trying to solve a real problem: violent, right-wing extremism.

But the process to craft the laws has been limited & the main contributors are prosecutors, law enforcement, & an academic who worked at the NSA.

Few critical & community voices are involved.

These bills assume the main barrier to curtailing the dangerous activities of right-wing extremists is a lack of authority, but the reality & deep structural problem is that a disturbing # of law enforcement officials participate in, protect, & coordinate w right-wing extremists.

There are plenty of existing laws to address right wing extremist activities, but police refuse to use them.

Activities like the state capitol invasion, the right-wing "BLM" checkpoints in rural Oregon, & chuds attacking police accountability protestors are already illegal.

The Brennan Center has documented this uncomfortable reality across the nation, & folks should remember the numerous & well-documented instances of law enforcement coordination with & membership in right-wing, extremist paramilitary groups here in Oregon.
brennancenter.org/our-work/resea…

It’s important to understand that law enforcement isn't just about whether the state can convict.

It's the many games cops & prosecutors can play to brand activists a certain way in the media or bully people into taking plea deals.

These bills expand that toolkit.

Let's look at the bills.

The furthest along is 2572, the paramilitary bill. As drafted, the bill’s current definition of paramilitary activity could cover activities that most people would likely not associate with right-wing extremists & paramilitaries.
olis.oregonlegislature.gov/liz/2023R1/Mea…

Protestors protecting themselves or one another could be considered as "security services" in a "command structure".

A group of bicycle “corkers” who put their bodies & bikes on the lines to protect protesters could be paramilitary.

Dad Bloc could be considered paramilitary.

The definition of what constitutes a “dangerous weapon” is highly contextual & the activities constituting “paramilitary activity” are very broad (see screenshots).

Many types of nonviolent direct action could be construed as paramilitary activity by a zealous prosecutor.

My understanding is that 2572 may be amended to eliminate criminal provisions (it is not yet posted and no one sent me a draft of the amendments, so I'll comment on what is public).

Even so, the civil provisions could cover lawful political activities & severely chill activism.

HB 2572 would hand the Attorney General significant new surveillance authority and tools to compel testimony with few safeguards.

Oregon’s Attorney General is already being sued for illegally spying on environmental activists who opposed Jordan Cove.

policingproject.org/titan-lawsuit

HB 2772 is dangerous & wildly overbroad.

It would criminalize & brand many popular forms of protest & direct action in Oregon as "Domestic Terrorism".

Strikes, blockades, & marches all disrupt daily life & affect population, infrastructure, economy, or government functioning.

Many widely celebrated protests in Portland history could be considered domestic terrorism under 2772

Planting a garden on the tracks at Zenith.

A mass sit in on the Burnside Bridge.

The Fennica blockade at the St. John's Bridge.

Teacher's strikes!

All Domestic Terrorism?

A similar "Domestic Terrorism" bill in Georgia is presently being used against Cop City protesters.

Just imagine how a zealous or politically motivated prosecutor would use this type of tool to chill activism in Oregon.

cnn.com/2023/03/06/us/…

I hear that there is an amendment coming on this bill as well, but it's hard to imagine anything could fix this bill.

The bill threatens to categorize protests and acts of civil disobedience, that at worst might be categorized as misdemeanors, as domestic terrorism.

I, along w other civil rights & environmental lawyers, have communicated these concerns with legislators but I think it's being treated more as an inconvenience that legitimate critique.

With Friday's work session deadline, processes are going to move quickly & we need debate.

Long story short, right-wing extremism is a real threat in Oregon, but these bills laws could be wielded against racial, social, & environmental justice activists.

We need way more eyes on these bills & legislators need to reach out to community groups throughout Oregon.

Both bills are currently in the House Committee on Judiciary.

I encourage folks to raise concerns now because otherwise, these bills will float through w little public debate & result in serious impacts on the future of political activism in OR.

olis.oregonlegislature.gov/liz/2023R1/Com…

Based on (indirect) feedback, I must add:

Whether a bill is constitutional or not is *not* the political test for whether it is good policy.

The test here is will tools be used to cause harm to racial, social, & environmental activists in the *actual administration of the law*

The civil rights and defense lawyers that I talk to -- people that defend activists in court against bogus charges -- believe that there is a high potential for abuse in both HB 2572 & 2772.