Tag Archives: protest

Protesting Distance

Posted by on May 21, 2012 4 comments

 

A group of Anonymous protesters opposite the L...

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In response to the NATO summit meeting in Chicago a diverse and large number of people took to the streets in protest. As is to be expected, the police also took to the streets to maintain order and to ensure that the people did not intrude on the meeting of the elites attending the event.

Obviously enough, the protesters generally wanted to get close enough to the summit so that their protests could be seen and heard by those attending. Equally obvious is the fact that the police were intent on preventing that from happening. In addition to the particular concern regarding this specific event, there is also the more general concern regarding how close protesters should be allowed to get to these sorts of events.

On the one hand, there are clearly legitimate grounds for keeping protesters a considerable distance from such events. The most obvious justifications are those based on security concerns. After all, not all protesters are peaceful and some of them might intend to have a go at those attending the event. There is also to concern that the ever-terrifying terrorists might use the protests as a cover for a terrorist attack.  Given the potential for such danger, keeping the protesters a significant distance from such events can be justified on both moral and practical grounds. In terms of the moral grounds, the justification would (presumably) be that the rights of the protesters to protest close to the event would be outweighed by the rights of those attending not to be harmed. Alternatively, this could be argued on utilitarian grounds: the harm done to the protesters is outweighed by the potential harms prevented against those attending the meeting. In terms of the practical grounds, it is clearly easier to maintain security by keeping what might be regarded as the public rabble away from those attending such events.

On the other hand, a case can be made that the protesters should be allowed close (or at least closer) to such events. One argument is that the protesters do not give up their rights simply because they are engaged in a protest. Assuming that they wish to engage in their protest where they would normally have the right to be, then it would seem to follow that they should be allowed to protest there.

One obvious reply to this argument is that people do not automatically have  the right to engage in protest in all places they have a right to visit. For example, a public library is open to the public, but it does not follow that people thus have a right to shout protest slogans about NATO or taxes or whatever while occupying the public library. This is because the act of protest would violate the rights of others in a way that would seem to warrant not allowing the protest. To use another example, while people have a right to access public streets and sidewalks, it is one thing to be walking, running, biking or otherwise occupying these places as an individual and quite another to be occupying these places in a group that would stop traffic and impede travel.  As might be imagined, getting through crowds of protesters takes more time than driving streets that have been cleared of mere citizens. Such a delay would no doubt be annoying, even if one is in a limousine and has access to a car bar. As yet another example, the noise of the protesters might  interfere with the event, even through the soundproofing of a modern building. As a final example, those attending the event might find the protests upsetting or disturbing. After all, being accused (for example) of being a war profiteer or of destroying the middle class might cause the attendees some emotional disturbances. No doubt people attending such events would prefer a quiet event without anyone shouting such things at them.

This reply can, of course, be overcome by showing that the protest does more good than harm or by showing that the right to protest outweighs the right to quiet and free travel.  After all, to forbid protests simply because they might inconvenience or annoy people would be absurd. However, to allow protests regardless of the imposition on others would also be absurd.

In the case of the NATO summit meeting, the protesters would disrupt things, but being closer to the event would not seem to cause significantly more disruption than being kept away from the event. While it is true that those attending the event will face some logistical challenges getting through the crowd, this could be managed. After all, the police in large cities routinely handle large events in which celebrities, athletes and so on need to be moved through large crowds (such as at concerts and sporting events). As such, it would seem that the logistics objection would not suffice to deny the right of a close protest.

There is, of course, some legitimate concern to protesters disrupting an event. After all, being a protester does not grant a person the right to override the rights of everyone else. Of course it is also true that attending an event and being a political or economic elite does not give someone the moral right to deny others their right to protest (although it certainly can provide the means to do so). Hashing this matter out requires a fair assessment of the legitimate rights of the protesters weighed against the legitimate rights of those being protested. In the NATO summit situation, it does seem that the protesters, at least those that are citizens of the respective states involved or at least affected by said states, do have the right to protest on the basis of their involvement in the issues at hand and to make their views on this matter known to those who make the decisions that impact their lives (and deaths). Given that mere citizens are typically not invited to such events, one of the few ways to express their views directly is via protest that can be heard and seen by the people being protested. This seems to be a rather important right, at least in states that purport to be democratic. After all, the vast majority of people do not have the money needed to hire lobbyists or create super PACS. As such, one of the few avenues of political expression left open is the protest and to impose on this right is to further dampen the voices of the people.

There is, of course, also the pragmatic concern that keeping the protesters at a “safe” distance from the elites by deploying riot police to beat down intruders serves to reinforce the impression of a truly sharp class division between the mere citizens and those who control things. Seeing riot police beating protesters like pinatas to keep them away from the rich and the powerful certainly does create an impression of real class warfare which certainly cannot be good for a state that purports to be a classless democracy.

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Collective Responsibility

Posted by on November 4, 2011 36 comments
OAKLAND, CA - OCTOBER 26: A man kneels during...

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Protestors, or at least people characterized as protestors, engaged in acts of vandalism and violence in Oakland. These incidents took place after a peaceful protest in the same city. Not surprisingly, the non-violent protestors disavowed these destructive actions.

Not surprisingly, people who are critical of the occupier movement might be inclined to point to the incidents in Oakland and take them as evidence that the movement itself is radical and violent. This sort of “reasoning” is, obviously enough, the same sort used when certain critics of the Tea Party drew the conclusion that the movement was racist because some individuals in the Tea Party engaged in racist behavior. It is also the same “reasoning” used to condemn all Christians or Muslims based on the actions of a very few.

To infer that an entire movement or group has a certain characteristic (such as being violent or prone to terrorism) based on the actions of a few would generally involve committing the fallacy of hasty generalization. It can also be seen as the fallacy of suppressed evidence in that evidence contrary to the claim is simply ignored. For example, to condemn the occupier movement as violent based on the actions of those few in Oakland would be to ignore the fact that the vast majority of protestors and protests have been peaceful (at least on the part of the protestors).

It might be objected that a group can be held accountable for the misdeeds of its members even when those misdeeds are committed by a few and even when these misdeeds go against the general views of the group. For example, if an employee engages in sexual harassment while on the job, the company can be held accountable for these actions. Likewise if an  official engages in misdeeds while acting in her official capacity, the organization can be held accountable. Thus, it could be argued, the occupier movement is accountable for the violent actions taken in Oakland and these actions can be held against them and perhaps taken as defining the movement as violent and destructive.

In reply, the occupier movement is not, as of yet, a unified movement  with an official leadership and official set of positions and goals. As such, treating it as an organization with a chain of command and a chain of responsibility that extends throughout the movement would be rather problematic. To use an analogy, sports fans sometimes go on violent rampages after events. While the actions of the violent fans should be condemned, the peaceful fans are not accountable for those actions. After all, while the fans are connected by their being fans of a specific team this is not enough to form a basis for accountability. So, if some fans of a team set fire to cars, this does not make all the fans of that team responsible. Also, if people unassociated with the fans decide to jump into action and destroy things, it would be even more absurd to claim that the peaceful fans are accountable for their actions. As such, to condemn the rather vague occupation movement as a whole based on what happened in Oakland would be both unfair and unreasonable.

If the movement becomes organized and develops a clear leadership, identity and so on, then it would be reasonable to start considering the movement to be an organization that could be held accountable for the actions of its legitimate members. However, until that happens the responsibility must remain on an individual level. As such, the people who did the damage in Oakland are accountable but the general occupier movement cannot have these incidents laid at its collective doorstep.

Also, even if the movement does become organized to the point that it makes sense to speak of group accountability, this still does not entail that the movement would be accountable for the actions of every person who claims to be a member of the movement or who claims to be acting on behalf of the group.  This, of course, raises the question of the extent to which even an organized group is accountable for its members. One intuitive guide is that the accountability of the group is relative to the authority the group has over the individuals. For example, my track club has no meaningful authority over me and hence the other members have no accountability in regards to my actions. In contrast, my university has considerable authority over my work life and hence can be held accountable should I, for example, sexually harass a student or co-worker. In the case of a political and social movement like the occupiers, it seems unlikely that the movement would ever have a great deal of authority over its members and this would serve to limit the collective responsibility of the movement. Naturally, the same would apply to other political movements with a similar lack of authority (such as some of the Tea Party groups). This lack of substantial collective responsibility does not entail that individuals are not accountable for their actions-far from it.

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Ethics of Protesting

Posted by on October 26, 2011 8 comments
This shows two Science Park High School studen...

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This past year has witnessed many protests ranging from those in the Middle East to the latest Occupy protests that are spreading around the world. Most recently Melissa Brookstone of the Tea Party Nation decided to get in on the protesting by calling on America’s small business owners to take the following pledge:

I, an American small business owner, part of the class that produces the vast majority of real, wealth producing jobs in this country, hereby resolve that I will not hire a single person until this war against business and my country is stopped.

This is being presented as an act of protest rather than as being an attempt to damage the American economy more in an attempt to lower Obama’s chances of being re-elected in 2012. Rather than debate this issue, I will, instead assume (for the sake of the discussion) that this is an act of protest. Likewise, I will take the Occupiers as being engaged in an act of protest rather than attributing to them any sinister motives.

In some cases protests raise little in the way of ethical concerns. To be specific, a protest that does not cause any meaningful harm or interference can generally be regarded as morally inoffensive. For example, if a group of people peacefully assemble on private property and make a statement of protest against some perceived injustice, that would most likely be morally inoffensive. However, some protests do cause actual harm or interference and this would tend to make them of greater moral concern.

For example, the Occupy protestors occupy areas and thus interfere with access on the part of other people. Police are often deployed in response to the protestors and this uses up police resources. As another example, people who protest by going on strike or by boycotting a business can do harm to that business (and the employees of that business). As a third example, if small business owners decide to take Brookstone’s pledge, they would presumably be harming the people they would have otherwise hired.

In the case of protests that interfere with others, these can clearly be such that they violate other people’s legitimate rights. For example, if protestors occupy a park, then other people are denied access to do what they would otherwise do. As another example, if protestors occupy a business, they are interfering with the rights of the owner and the employees.  As such, these sorts of protests would seem to require some moral justification.

One rather obvious and sensible standard is that the harm done by the protest should be proportional to the harm that is being protested. It also should go without saying that the harm needs to be real rather than merely imagined or a fabrication. Another reasonable standard is that there should not be a less harmful redress available that could be reasonably expected to solve the problem. After all, if the conflict can be resolved with less harm by these means, that would certainly seem to be the right (and sensible) thing to do. A third standard worth considering is whether or not the harm of the protest is suffered primarily by the target of the protest or by others. After all, protesting a wrong by  primarily  harming  people who are innocent of wrongdoing (or who are less significantly less responsible than others) would certainly seem to merely create more wrongs than it would protest them.

To use a simple example, imagine that a student fails my class because s/he never does the work and then disrupts my office hours and classes with shouts of “LaBossiere is unfair!” This  would seem to be unacceptable. After all, the harm was self-inflicted and would hardly warrant interfering with the education of other students (who had no role in the student’s failure). Also, there is an established process for disputing grades that do not require such behavior.

In the case of protests that are boycotts or non-hiring protests, these would seem to be well within the rights of the individuals involved in said protests. After all, I am under no special moral obligation to patronize a business or, if I owned a business, to employ anyone. As such, these protests would seem to fall clearly withing the realm of being morally acceptable (although there could be some exceptions).

That said, it does seem reasonable to hold that a person could be acting within his/her rights, yet still be acting unfairly and thus perhaps in a way that is at least somewhat wrong. Such protests, it would seem, could still be evaluated by the suggested standards given above.

For example, suppose that people are protesting a business that practices racial discrimination (such as giving minorities worse rates on loans simply because they are minorities). Provided that the protest is aimed primarily at the decision makers and the harm inflicted is in balance with the offense (for example, boycotting the company as opposed to fire bombing their offices), then the protest would seem to be morally acceptable (and perhaps laudable).

As another example, suppose that people are protesting an oil  company that has poor environmental practices. The protestors focus on not patronizing the independently owned gas stations (which follow the rules regarding the environment) that fall under the brand name of the company and end up putting some of them out of business, but this has almost no impact on the parent company’s bottom line. In this case, there would certainly be some very reasonable doubts about the morality of such protests.

As a final example, consider the call to not hire people to protest the alleged war on business and America. Even if it is assumed that such a war exists this sort of protest would seem to inflict the actual harm on the innocent potential employees rather than the alleged perpetrators of the war. To use an analogy, this would seem to be like protesting against a business not by boycotting or protesting that business, but by going after individual employees in the hopes that the protest would someone impact the business.  Also, there is a clear means of redress in regards to this problem, namely the upcoming elections. As such, this sort of protest would seem morally dubious (at best).

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Police & Protests

Posted by on October 12, 2011 1 comment
Riot police using tear gas on 21 April 2001 ag...

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Protests are often marred by senseless violence and the recent protest on Wall Street was no exception. One incident that has gotten extensive attention is the pepper spraying/macing of penned in women by Anthony Bologna, a relatively high ranking member of the NYC police. These sorts of incidents raise questions about the legitimate role of the police in regards to protests. My discussion is limited to the context of democratic states, such as the United States.

First, it is rather important to acknowledge that the police do have a legitimate role to play at protests. While protests are intended to draw attention and often aim to do so by creating a disruption of the normal course of events, a state of protest does not grant protestors a carte blanche right to interfere with the legitimate rights of others. As such, the police have a legitimate right to prevent protestors from violating the rights of others and this can correctly involve the use of force. Obviously, if it is argued that protestors have a right to protests, this would entail accepting that people have rights and intuitively the right to protest does not automatically trump other rights-especially the core rights of life, liberty and property. Those who claim otherwise would seem to have the burden of proof upon them.

To use an obvious example, people protesting a decision by the parliament or congress do not gain the right to loot the businesses along their path of protest and the police would act correctly in stopping these acts of theft.   To use a less extreme example, protestors who are disrupting a legitimate business can legitimately be prevented from doing so by the police.

Second, while protestors do not gain a carte blanche right to violate the rights of others, peaceful protest is a legitimate form of expression and is certainly a form of free speech (far more so than spending money on political campaigns and some rather ludicrous “free speech” defenses launched by corporations such as Google). As such, the right of protest should be respected by the police.

Even when protestors act in ways that are technically illegal, provided that their crimes do not involve violence or property damage (that is, the protests are peaceful), they should be handled with minimal force. After all, the force used by the police should be proportional to the crime and the resistance being offered. Exceeding this would be, by definition, excessive force and hence a wrongful action. The police, after all, have the right to use the force needed to enforce the law. Force beyond that would go beyond their rights and hence cross over into assault and beyond (after all, once they cross the boundary of legitimate force, they have ceased to enforce the law and are engaged in needless violence and may rightfully be regarded as criminals-albeit with badges). Spraying women that have been penned in and are offering no resistance would be, from a moral perspective, an assault with a dangerous weapon and not a legitimate act of law enforcement. The fact that the perpetrator is wearing a uniform does not change this-except to make it an even worse action-a crime committed by someone who is supposed to prevent crime.

Naturally enough, violent and destructive protests can be met with legitimate force. As an example, protestors who are looting or attacking innocent citizens can be treated as the criminals they are and handled accordingly.

Third, there are cases in which violent and destructive protest can be justified. These would involve cases in which the wrong being done was such that it warrants such a response and there is no recourse to an objective, impartial and fair legal redress. In such cases, the police should be acting in defense of the people driven to such acts rather than fighting against such people. These situations are not common in the Western democracies, but have (and no doubt will) occur.

Thus, both protestors and police have moral obligations they should respect.

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Funerals, Freedom, and God Hates Fags

Posted by on October 8, 2010 13 comments
The Westboro Baptist Church picketing at the m...

Fred Phelps, best known for “protesting” at military funerals by alleging that God is killing soldiers because He “hates fags”, is involved in a case that will be heard by the United States supreme court. A few years ago, Albert Snyder sued Phelp’s church for its “protest” at his son’s funeral and won a $5 million settlement. This verdict was recently reversed on the grounds of the First Amendment. While the legal issue will be hashed out by the supreme court, the ethics of the situation are philosophically interesting.

As I have argued in other blogs, it seems reasonable to accept that people have the right to freedom of expression. While I am not a committed utilitarian, I think that Mill makes an excellent case for this freedom in his work on liberty. Allowing free expression certainly does seem to consistently create more good than harm, and this seems to justify accepting it as a general moral guide (with some notable exceptions).

Of course, it also seems reasonable to accept that people have a right to privacy. This includes not just a right to not be infringed upon by the state, but also the right to not be intruded on by other private individuals. As with the right of expression, this right can be argued for on utilitarian grounds. It can also be argued on other grounds, but I will not go into such arguments.

The case involving Phelps is a case in which these two freedoms or rights clash. The general moral problem here involves sorting out which right or freedom trumps the other and the specific problem is whether or not  the right of free expression of the “protesters” outweighs the right to privacy of the people involved with the funerals.

My initial thought, prior to deep reflection, is that the “protesters” do have the right to engage in their activity, provided that they remain on public ground and do not actually interfere with the funeral by disrupting the event itself. However, my initial thought is that they should not be doing such a thing, because it is cruel and insulting. As such, I think people should have a right to say mean and hateful things but that they should not exercise that right.

Upon reflection, I found that I came to the same results.  As part of the process I considered the various grounds on which a person’s freedom of expression can be justly limited. While this is rather oversimplified,  the general principle  is based on the principle of harm: unless the expression can be shown to create a significant and unwarranted harm, then the expression should be allowed. This is what justifies denying people the right to shout “fire” in crowded theaters and the right to engage in slander.

Of course, it could be argued that Phelps and his cohorts are actually causing emotional harm and this justifies silencing them. I can imagine what it would be like trying to bury a son, daughter or parent while hate filled people are screeching such horrible things. I would be outraged at their insensitivity and appalled at the wickedness in their souls. I would be deeply hurt that my loved one was laid to rest to the sounds of foul mouthed vultures cursing and carrying on in their mad rage. I would want them to fall silent and leave, preferably after being tased.

However, considering the matter in the light of calm reason, I must argue that we have no right to silence these “protesters.” The fact their words and actions offend, even deeply and profoundly, is not adequate grounds for silencing them. After all, adopting the principle that people have no right to expression that others find offensive would restrict the freedom of expression in a very harmful way. To use but one example, some people find the idea that women are entitled to equal rights to be deeply offensive to their religious values. However, it would not be right to restrict people from saying such things. Roughly put, we have no right to not be offended.

That said, I still hold that although they have the right to express such ideas, they should not do so. Doing such things at a funeral is disrespectful and insulting to the dead and those who care about them. It is, to say the least, a wicked action. But, it is also one that should be tolerated.

Of course, this does not mean that there should not be restrictions placed on such “protests.” After all, those at the funeral have a right to not have their somber moment sullied by such “protests.” As a practical matter, they should be required to be out of sight and sound of the funeral ceremony. This does not interfere with their right to express their ideas-after all, they do not actually need to disrupt the funeral in order to express their views. After all, we have no right to needlessly annoy people.

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Throwing Shoes

Posted by on December 16, 2008 22 comments

At a recent press conference journalist Muntadhar al-Zaidi threw his shoes at President George Bush. Bush adroitly dodged the projectiles and the shoe thrower was promptly wrestled to the ground and arrested. Given Bush’s lack of popularity at home and abroad, it is hardly surprising that there is considerable support for Muntadhar al-Zaidi and many Iraqis are calling for his release.

To me, shoe throwing seems like an immature way of expressing one’s views-a tantrum more than anything else. However, it is important to consider the cultural context: in Arab culture the throwing of a shoe is a form of insult. The intent is, apparently, not to do damage (though that would presumably be a bonus) but to express contempt. Perhaps it is on par with throwing rotten fruit at people to show dislike. Whatever the case, what is more important is whether Muntadhar al-Zaidi acted rightly or wrongly.

On one hand, Muntadhar al-Zaidi did attempt to give a “farewell kiss” to a “dog” by hurling his shoes at Bush. In addition to being an attempt at a physical attack, this action was also unprofessional. Muntadhar al-Zaidi is a journalist and presumably is subject to the professional ethics of journalism. These ethics certainly seem to include acting in a professional manner and keeping one’s own views in check. As such, Muntadhar al-Zaidi seems to have clearly violated the standards of his profession. These facts would certainly seem to support the claim that Muntadhar al-Zaidi acted wrongly.

On the other hand, the shoe throwing can be defended. First, the Bush administration bears a great deal of responsibility for the horrors that have occurred in Iraq since the American invasion. In reply to the obvious counterpoint: yes, Saddam was a very bad man and did very bad things. It is good that he is dead. But, the fact that the invasion got rid of him does not serve to offset all the evil that has followed for the people of Iraq. As such, it could be argued that Muntadhar al-Zaidi showed remarkable restraint in merely throwing shoes at Bush. Bush, many would argue, deserves much worse.

Second, there is a point when professional ethics and the requirements of professional behavior can rightly be set aside. Typically, this is when a more significant moral concern overrides a specific aspect of the professional ethics or requirements for professional behavior. In this case, it could be argued that Muntadhar al-Zaidi was right to set aside the restraints imposed as professional and act as an individual who believes that Bush has done a great wrong to his country and his people.

While Muntadhar al-Zaidi did commit a crime, I think it should be treated as an act of protest rather than an attempt to actually harm Bush. After all, a shoe is hardly a lethal weapon and Muntadhar al-Zaidi’s intent seems quite clear. Of course, it can be argued that attacking someone with an ineffective weapon is still an attack and hence Muntadhar al-Zaidi should be taken to task for this. Obviously enough, George Bush should also be taken to task for what his administration did to Iraq.

China, the Olympics and Protests

Posted by on August 3, 2008 10 comments

While the ideal of the Olympics is that nations come together in the spirit of athletic competition, the reality is that they are highly political events. As those of us who were around in the Cold War remember, the United States and the Soviet Union battled over gold medals in the hopes of showing which nation had the better ideology. There was also the famous boycott of the Olympics by many nations when the USSR invaded Afghanistan. Naturally, the Soviets retaliated four years later. Further, athletes have made political gestures during the games as well.

This year the main political concerns about the Olympics are focused on China’s internal and external problems. From the viewpoint of the West, China has been behaving badly: violating human rights, censoring the media, suffering from corruption, oppressing Tibet, and dealing with nations like Burma and Iran. In response to this behavior, the journey of the Olympic torch was marked by numerous protests. Not surprisingly, Chinese officials are worried that the Olympics will be disrupted by protesters. Because of this, China has been gearing up to crack down on any dissent or protests. Despite these measure, it is likely that some protests will take place.

One moral question about this situation is whether people should use the Olympics as a chance to protest against China’s behavior.

On one hand, there seem to be good moral grounds for such protests. After all, China has acted in various ways comparable to the bad behavior of most other nations: enacting oppressive laws, interfering with the internal affairs of other countries, violating human rights, and so on. Intuitively, such bad behavior should not go without a critical response. Presumably, such protests will be aimed at bringing about a change in China’s behavior.

Of course, mere protests do not generally lead to change. Such protests can, however, begin the process of change. For example, people spoke out against slavery in the United States and eventually slavery was outlawed. As another example, people protested about the fact that women did not have the right to vote in the United States and eventually that right was granted. Perhaps the same could happen in the case of China: the protests will eventually lead to moral improvements. If this can occur, then there would be excellent moral grounds for such protests.

On the other hand, there is the concern that such protests might have an undesirable effect on China’s behavior. While criticizing bad behavior can lead to that behavior stopping, sometimes such criticism can reinforce such behavior. In the case of China, the upcoming Olympics are a chance for the country to show that it is a great power and on its way to becoming a full participant in the world community. If the Olympics go well, then China might be willing to open up more and might start on the slow journey towards changing her behavior to be more pleasing to the liberal countries of the world.

One way to argue against protesting at the Olympics is to use an analogy. Imagine that Bill has not been a very nice person in the neighborhood. However, Bill has been selected to host the neighborhood party this year. He puts a great deal of effort into preparing the party and shows some signs of mending his ways. When the guests arrive, they might be tempted to speak out against his bad behavior. However, if Bill thinks that people are ruining his party, he might decide to simply stick with his bad behavior. However, if the party goes well and his neighbors are friendly, Bill might decide that being a good neighbor is appealing.

However, there is the concern that remaining silent about bad behavior and pretending that things are fine is both delusional and immoral. After all, ignoring such behavior (even for the duration of a party or Olympics) might send the message that such behavior is tolerable.

As an aside, it seems likely that Chinese officials are puzzled by the West’s moralizing and it probably strikes them as somewhat hypocritical. After all, who was protesting when the Western powers were occupying and humiliating China?

Overall, the situation is rather complex. There are excellent justifications for protests against China. However, there are excellent reasons to let China have her moment of Olympic glory.