Is this America’s own Pussy Riot trial?

On a Saturday afternoon in June, a group of activists walked into a bank in Manhattan, New York, and staged a peaceful protest performance. The Church of Stop Shopping, led by Reverend Billy, were protesting at JP Chase Morgan and other banks’ investment in fossil fuel projects, which they say is unethical in the face of climate change.

Bill Talen, 63, the man behind Reverend Bill and the Church of Stop Shopping, has been staging this kind of action for a while. I interviewed him for New Humanist magazine in 2004, after a protest at a Starbuck’s in Camden, North London.

But now Bill and his colleague Nehemiah Luckett are facing charges of riot in the second degree and menacing in the third degree, for their JP Chase Morgan protest. The pair could end with one year in jail. For a peaceful protest. They are due to appear in court on 9 December.

It’s hard not to think of the fate of Russia’s Pussy Riot when writing about Reverend Billy. Both Pussy Riot and the Stop Shopping Choir have used similar tactics, staging peaceful performance protests right in what they would see as the belly of the beast. And both have been subjected to very harsh charges. Earlier this year, members of Pussy Riot told me they “had not planned for the extreme reaction from the authorities,” after they staged their “Punk Prayer” in Moscow’s Christ The Saviour Cathedral. Similarly, Reverend Billy, while accepting that arrest is an occupational hazard for a protester, has been surprised by the riot charge and the potential sentence. The difference is, of course, that we don’t expect this kind of thing to happen in the US.

This week I asked Billy about the protest, and his upcoming court case.

Bill Talen 1
Index on Censorship: Can you tell us what happened at JP Morgan Chase?
Reverend Billy
: We interrupted the very wealthy of upper Manhattan in their “wealth management” sessions.   The sea of white people at walnut desks looked up to confront large flaming frogs leaping on their desks, handing out information about the impact of their fossil fuel investments.  An Elvis impersonator narrated the event while the “Golden Toads” – an animal forced into extinction 30 years ago by climate change – harmonised and hopped.  Under the toad costumes was the singing group called “The Stop Shopping Choir”.

Bill Talen 3

IoC:What were you protesting about?
RB:
Banks and big hedge funds are busy investing in fossil fuel projects around the world, making high profits, at precisely the point that the natural scientists – as in the 5th IPCC report from the United Nations – are telling us that all we can do to save ourselves and the planet as we recognize it today is to immediately stop gas, oil and coal.

IoC: Were you surprised to be arrested? Or is it just something you see as a risk of the job?
RB:
Although I’ve been arrested many times, like most activists – you’re always surprised.

IoC: You’re potentially facing a year in jail. Have you ever had charges this harsh before?
RB:
No – the most time I’ve served was three days in the Los Angeles County Jail.  Usually I have the overnight stay.

IoC: Why do you think this has happened now, after years of activism? Just a quirk of the prosecutor? Something else?
RB: 
Stopping the business of the very rich is altogether different kettle of fish from our usual “nonviolent dramatic action” – which is often in parks, lobbies, between cars in traffic jams, on the Staten Island Ferry, etc.

Bill Talen 2

IoC: How do you intend to fight the charge?
RB:
The “Necessity Defense” – which means that if someone is drawing a gun on us to kill us, we have the right to grab them and disarms them. I have the right to commit a minor crime to prevent a great crime that no other presiding authority can prevent.  No presiding authority is dealing with climate change.  Governments in the West and China – are committed to their deadly gradualism, controlled by fossil cartels.

IoC: How do you think this charge squares with your first amendment rights?
RB:
The First Amendment has been under systematic attack in New York City for 20 years, under the leadership of Rudolf Giuliani and Mike Bloomberg, their police and courts. The right to express in public space is besieged by permits and police, and overwhelmed by corporate expression – advertising in myriad forms, from the glowing gadget in the hand to the 80 foot tall Kate Moss looking at me like we just made love.  We must reclaim freedom of expression, and we believe that this resurrection of extinct Golden Toads is the right drama.  Earthalujah!

Click here to sign a petition in support of Reverend Billy

PEN America survey: Mass surveillance causing self-censorship among writers

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Sixty-six percent of American writers disapprove of their government’s collection of phone and internet data, according to a survey from the PEN American Center.

The survey of 540 US writers found that a majority assume that their communications are monitored. PEN says that this assumption has prompted some to self-censor when writing or researching certain subjects or communicating with sources, or friends, abriad.

“I assume everything I do electronically is subject to monitoring,” one writer said in responding to the survey.

The report states:

This assumption is striking: in a short span of time, the United States has shifted from a society in which the right to privacy in personal communications was considered inviolate to a society in which many writers assume they have already lost the right to privacy and now expect to be spied upon almost constantly.”

Survey respondents were concerned about the US framework for surveillance would become “business as usual” for the rest of the world.

Writers reported self-censoring on subjects including military affairs, the Middle East North Africa region, mass incarceration, drug policies, pornography, the Occupy movement, the study of certain languages and criticism of the US government.”

Read the full report here

Nine “criminal” t-shirts

1) Angola

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Manuel Chivonde Nito Alves was held in solitary confinement for printing t-shirts. Image from his Facebook page.

Angolan 17-year-old Manuel Chivonde Nito Alves went on hunger strike on Tuesday, following his arrest on 12 September for printing t-shirts with the slogan “Out Disgusting Dictator”. The message was aimed at the country’s President Jose Eduardo dos Santos, who has held power in since 1979. The shirts were to be worn at a demonstration in the capital Luanda, highlighting corruption, forced evictions, police violence and lack of social justice under dos Santos’ regime. Nito Alves has been charged with “insulting the president”, and has now spent almost two months in detention – parts of it in solitary confinement. His family were barred from seeing him, and three weeks went by before he was allowed to speak to a lawyer. The hunger strike is in protest at his “unjust and inhumane treatment”.

2) Belarus

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Yury Rubstow wearing the t-shirt that landed him in prison. (Image Viasna Human
Rights Centre)

On Monday, Belarusian opposition activist Yury Rubstow was sentenced to three days in jail for wearing a t-shirt with the slogan “Lukashenko, go away” on the front, and “A four-time president? No. This is not a president but an impostor tsar” on the back.” The message was aimed at the country’s dictator Alexander Lukashenko, during an opposition protest march. He was found guilty of disobedience to police officers under Article 23.4 of the Civil Offenses Code.

3) Swaziland

In 2010, Sipho Jele, a member of Swaziland’s People’s United Democratic Movement, was arrested for wearing a t-shirt supporting the party during a May Day parade. He was arrested under the country’s Suppression of Terrorism Act, and died in custody. The police said he had hanged himself, while the party say the police of killed him.

4) Egypt

Anti-coup protest supporting Mosri Eminönü, Istanbul

The Rabaa symbol displayed at a protest in Turkey (Image Bünyamin Salman/Demotix)

In September, three Egyptian men were arrested for wearing t-shirts emblazoned with the Rabaa symbol. A hand holding up four fingers, it is widely used by those opposing Egypt’s interim military-backed government, and the coup that ushered in in. Mohamed Youssef, the country’s kung fu champion, was also suspended by the national federation for wearing a similar t-shirt during a medal ceremony.

5) Hong Kong

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Avery Ng wearing the t-shirt he threw at Hu Jintao. Image from his Facebook page.

An activist from Hong Kong was arrested last December for throwing a t-shirt at former Chinese president Hu Jintao during an official visit almost six month earlier, on 1 July. League of Social Democrats Vice Chairman Avery Ng threw a t-shirt with a drawing of the late Chinese dissident Li Wangyang, a Tiananmen Square activist who died under suspicious circumstances only weeks before the visit. Ng was charged “with nuisance crimes committed in a public place”.

6) Malaysia

BERSIH 3.0 Rally in Kuala Lumpur

Malaysian protester wearing a Bersih shirt. (Image Syahrin Abdul Aziz/Demotix)

In June 2011, Malaysian police arrested 14 opposition activists for wearing t-shirts promoting a rally in Kuala Lumpur calling for election reform. The shirts carried the slogan “bersih” which means “clean”, and is the name of one of the groups behind the protest. Authorities claimed the demonstration was an “attempt to create chaos on the streets and undermine the government”, and they were therefore within their rights to arrest the protesters. They also confiscated t-shirts from the group’s headquarters.

7 & 8) The US

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Jared Marcum wearing his NRA t-shirt in a TV report. (Image Youtube)

A 14-year-old student from West Virginia was in April suspended from school and subsequently arrested for refusing to remove a t-shirt supporting the pro-gun National Rifle Association. Jared Marcum was charged with “obstructing an officer” and faced a $500 fine and up to one year in prison.

On the flip side, a Tennessee man was arrested for wearing a t-shirt in support of stricter gun control laws. Stanley Bryce Myszka was wearing a shirt that read “Has your gun killed a kindergartener today?” at a shopping centre, following the shooting at Sandy Hook Elementary School. He was approached by security guards, who called the police when he when he refused to remove the shirt. He was also banned from the shopping centre for life.

9) United Kingdom

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The front of Barry Thew’s t-shirt. (Image Greater Manchester Police)

A Manchester man was in October 2012 sentenced to eight months in prison in part for wearing a t-shirt emblazoned with offensive comments referencing the murders of two policewomen. Barry Thew had written ““One less pig; perfect justice”” on the front of his t-shirt and “killacopforfun.com haha” on the back. While four months of the sentence was handed down for breach of a previous suspended sentence, he was charged on a Section 4A Public Order Offence for the t-shirt incident.

Surveillance critic barred from US

Ilija_trojanow_by_thomas_dorn_232_KBOn 30 September, Bulgarian-German author Ilija Trojanow was travelling from Brazil to the US for a conference on German literature. That was his plan, anyway. At the airport in Salvador da Bahia, he was told his entry to the US had been denied. No explanation was provided then, and none has been provided since.

Trojanow is one of the main forces behind a 74,000 strong and growing petition against mass surveillance. Initiated and signed by some Germany’s biggest writers, the petition argues the government is bound by the constitution to protect its citizens against foreign spying.

His experience in Brazil exploded in the German media, but Trojanow seems more bemused than anything else.

“It wasn’t bad enough that governments are spying on everybody!” he says with a laugh. “What this shows is that general attacks on everybody and not individual victims, are too abstract. An individual case, even if it’s a minor one, can get more attention.”

While the incident did create more discussion around mass surveillance and caused a spike in the number of signatures, there is no doubt the petition already had widespread support. The issue of mass surveillance seems to have struck a particular chord in Germany. Trojanow believes this is due to their history.

“East Germany more than any other country in the former Soviet block has discussed its secret service files. It has been a dominant issue in the media. The archives are easy to access. Germans know how horrendous it is when the secret service is not under real control.”

He also thinks the famous German efficiency shines through even in this case. Many felt that something needed to be done about the mass surveillance, and when Germans set out to do something, they do it properly.

“It is quite ironic,” he adds: “Germans had democracy beaten into them. They were educated in democracy by the US and the UK. It seems they were good students!”

Trojanov himself has long been interested in the issue of state surveillance, with his 2009 book “Freedom Under Attack”, for instance, becoming a bestseller in Germany. For him, the issue carries a more personal dimension. Growing up in a Bulgaria, parts of his family were engaged in the struggle against the communist authorities.

“I am in the situation now where I am able to read transcripts of what adults in my family were saying, as our apartment was bugged.”

“What you realise is that when you have the attention of the secret service pointed at you, whatever you do is in some way proof of guilt. Even completely innocent things become potentially implicating.”

The petition was formally presented to the German government on 18 September, back when when it had 63,000 signatures. A month and ten thousand additional names later, they have still have yet to receive any sort of official reply. Still open, Trojanow and his compatriots now plan to take it global. As he says, mass surveillance is a worldwide challenge and cannot be tackled simply by and within one nation.

“I don’t understand why we wait until situation is completely unbearable. You start safeguarding your freedoms when they are attacked on the edges.”

This article was originally posted on 18 Oct 2013 at indexoncensorship.org