"MLK “could have been liable” under a law like this, judge says."
"A judge on Wednesday issued a preliminary injunction to block enforcement of South Dakota’s new “riot-boosting” law, which passed earlier this year to deter pipeline protests. The law threatens heavy penalties for any person or group that encourages a “riot,” which is defined broadly enough to include many forms of public protest.
US District Judge Lawrence Piersol granted the injunction in response to a motion filed by the ACLU, which is representing four organizations and two Indigenous individuals in a suit alleging that the law is unconstitutional for its troubling vagueness and “chilling effect” on free speech. The Sierra Club, one of the organizations challenging the law, said that it would make the group “hesitant” to challenge the Keystone XL pipeline through protected forms of speech like rallies and online campaigns due to the risk of costly fines—up to three times the cost of any damages incurred by a related protest.
South Dakota Governor Kristi Noem drafted the law in consultation with police and TC Energy, the company behind Keystone XL. Construction of the pipeline, which would run through South Dakota, is slated to begin next year."
Delilah Friedler reports for Mother Jones September 18, 2019.
SEE ALSO:
"Federal Court Blocks South Dakota Laws Suppressing Pipeline Protests" (Pierre Capital Journal)
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