National Law Journal Slams Trump Protesters; Sue Them!

WASHINGTON - March 28, 2016 - PRLog -- The NATIONAL LAW JOURNAL [NLJ] has just published an OpEd suggesting that those who illegally disrupt political rallies - by, for example, blocking a highway in Arizona - or stop persons wishing to speak on a college campus, should be sued by all those adversely affected, and that the suits should seek punitive damages and, if possible, be brought as class actions.  It argues that the popular slogan "Sue The Bastards" should be morphing into 'SUE THE DISRUPTORS."


Because the threat of arrest and small fines obviously isn't discouraging a growing number who engage in criminal activities such as blocking streets, the author - public interest law professor John Banzhaf - suggests that all those adversely affected should sue the disruptors for civil damages under a variety of legal theories, some of which have already been successful.  He includes in his proposal "what we have unfortunately all too often tolerated on college campuses - ­protestors who interrupt speakers to prevent ­others from hearing them, who physically block attendees' access, and who threaten violence to squelch speech. Unless we do something about it, the problem will persist - and could get worse," he argues.

The article notes, for example: "Last year, the Sea Shepherd Conser­vation Society was forced to pay $2.55 million to Japanese companies for illegally using acid and smoke bombs to disrupt their whaling. Several different students were forced to make five-figure restitution payments because of their criminal disruptions of construction projects. Similarly, 11 who engaged in illegal activities at the Mall of America faced a $40,000 restitution claim, and 14 disrupters who chained themselves to a train faced even larger claims, although both were reportedly later dropped."

The piece concludes as follow: "It's neither unfair nor unreasonable to hold criminals liable for the harm they callously and deliberately cause others. In these situations, and in many too numerous to mention on college campuses, the threat of arrest and small criminal fines hasn't deterred small groups from inconveniencing the much larger public, just to make their point. Perhaps it's time to add something stronger to the arsenal - "Sue The Disrupters."

It is entitled: "When the Rabble Rousing Turns Criminal, There's a Civil Solution //  Protests are a good thing, but blocking access and inciting violence must stop." [bit.ly/1pFtOTB ] (https://t.co/VpEuywT6hZ)

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW, Wash, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/  jbanzhaf@law.gwu.edu  @profbanzhaf