Prosecuting Ideology: Turning “Vandalism” into “Eco-Terrorism”
by Will Potter (Nov. 2)

When environmental activists around the country were rounded up as part of “Operation Backfire,” Attorney General Alberto R. Gonzales told reporters, “Today’s indictment is a significant step in bringing these terrorists to justice.” And when the SHAC 7 were sentenced for “animal enterprise terrorism,” it was for “their roles in a campaign to terrorize officers, employees and shareholders,” the Department of Justice said. The “Operation Backfire” defendants are charged with serious crimes, but not accused of harming any human being. And the SHAC 7 are not even accused of committing any of the property crimes that they vocally supported on their website).

Keeping that in mind, take a look at some fires in the news the last few weeks.

According to The Detroit News:

A Tuesday night fire at a longtime salvage yard caused more than $50,000 in damage — and the loss of some hard-to-find car parts coveted by hobbyists.

The owner of the lot suspected criminal intent:

“I’ve had a lot of trouble over here, a lot of vandalism,” he added. “We’ve had vandalism the last two Devil’s Nights.”

This radio station said police were on the lookout for “tricksters” and “will be out in force to make sure any mischief doesn’t take place” on Devil’s Night. In many town these “tricksters” set buildings on fire the night before Halloween.
And in today’s New York Times:

RENO, Nev., Nov. 1 — Six people were killed and more than 30 injured Tuesday night in a fire that at least partly destroyed a historic residential hotel in the downtown casino district here. A 47-year-old casino worker was arrested and charged with arson and multiple counts of murder.

The police said they did not know of a motive. The Houston Chronicle reports that the suspect had previously served prison time for murder. And CBS News reports:

…Valerie Moore, 47, had been drinking and apparently flew into a rage Tuesday night after she quarreled with a fellow resident at the Mizpah Hotel before setting a mattress afire…

So causing $50,000 in an arson, and destroying a man’s livelihood, is not terrorism. Vandalizing property is the work of “tricksters,” not terrorists. And burning down a hotel, murdering six people and injuring 30, is still not terrorism.
Why? Because those criminals committed those crimes out of anger, stupidity or malice. Not politics. When animal rights or environmental activists commit similar crimes — but don’t injure anyone — it is “eco-terrorism.” And when they simply support underground activists through websites and fiery rhetoric, they are convicted of “animal enterprise terrorism.”

The solution to this hypocrisy is not to label individuals who burn down car lots, or even those who murder people through arson, as terrorists. All crimes instill fear, instill terror, but labeling all crimes as terrorism sucks all meaning from the term.
Instead, we must make sure terrorism rhetoric isn’t batted around against the enemy of the hour, and used to prosecute actions that, while they may be criminal (or in the case of the SHAC 7 do not amount to anything more than words), have not injured any human being. It is an insult to victims of true terrorism around the world. And it robs the accused of the possibility of a fair trail.
If all this sounds like an incredibly conservative argument, you’re right. Years ago when hate crimes legislation was a much hotter topic in state and federal legislatures, conservatives argued that:

…the real danger of “hate crime” laws is that they criminalize thoughts and beliefs. The law should concern itself only with actions. Prosecutors must prove intent, but examining underlying beliefs goes far beyond that.

Conservatives feared the prosecution of crimes based on the political beliefs of those in power. Now they’re making their own fears a reality by using their power to prosecute activists they disagree with as “terrorists.”