Regardless of your opinions on the particular cause, the recent arrest of a protest organizer should cause concern. Harry A. Valetk looks at the case from a legal standpoint:
“SWAT teams rolling down 5th Ave. … Report received that police are nabbing anyone that looks like a protester. … Stay alert watch your friends!” Pennsylvania State Police arrested New York social worker Elliot Madison last month for being part of a group that posted messages like those on Twitter. The arrest took place in a Pittsburgh motel during protests at the Group of 20 summit. In all, almost 5,000 protesters demonstrated throughout the city during two days, and about 200 were arrested for disorderly conduct.
But Madison wasn’t among those protesting on the street. Instead, published reports say he was part of a behind-the-scenes communications team using Twitter to “direct others, specifically protesters of the G-20 summit, in order to avoid apprehension after a lawful order to disperse.” A week later, FBI agents spent 16 hours in Madison’s home executing a search warrant for evidence of federal anti-rioting law violations.
This isn’t, at least based on the initial reports, a criminal mastermind perpetrating some atrocity . . . this is someone trying to help others falling afoul of legal entanglement. If it turns out that he was attempting something that is clearly illegal, then the courts will sort it out — but that isn’t what appears to be the case here.
Presumably, officers believed that Madison violated this statute when he warned other protesters on Twitter about “impending” police apprehension. But this prohibition assumes that the warning is given to fugitives or others committing a crime. Can we make this broad assumption about an entire group of protesters? Not likely. And, even so, the statute specifically allows warnings to bring that individual into compliance with law (e.g., a motorist warning a speeder about a speed trap).
Still, it seems this arrest is really about speech — what you can say to others during a public protest. Can you warn others online by saying, “Hey, don’t go down that street because the police have issued an order to disperse”?
