Chapter 14 The Dilemmas of Dissent and Political Response 14-1 Change and resistance to change are part of every system. For change to occur, some amount of deviance takes place and the normal way of things is disturbed or threatened. The rights guaranteed to individuals and groups by the First Amendment to the Constitution of the United States reflect a commitment to allowing dissent. 2 Powerful social and political forces everywhere have always been resistant to change. Dissent may be active or passive, nonviolent or violent, individual or mass. The major dilemma becomes how to avoid social disorder. 3 INTRODUCTION 1
Dissent: Catalyst of Progress Change versus Order It is difficult to say that any specific historical time was in a state of order. Our present society is complex, technologically communicative, and composed of many groups of people. 4 Why Seek Change? Our contemporary culture places great emphasis on achievement, but it also emphasizes dissatisfaction with one s personal state. Achievement and its companion value promote the rights to protest and to have grievances addressed. 5 The Right to Dissent The First Amendment protects the freedoms of speech, press, the right of the people to assemble, and the right to petition the government for a redress, individuals and groups. This Amendment is a principle a symbolic commitment. 6 INTRODUCTION 2
First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 7 Keeping Dissent Peaceful The survival of our democratic system is dependent on accommodating dissent, solving disagreements, peacefully containing social conflicts, righting wrongs, and modifying the structure of the system as conditions change. 8 Although these changes are necessary to keep the government alive, the organization of government itself is fundamentally resistant to change. This resistance by the government to peaceful change leads to violence. 9 INTRODUCTION 3
Acceptable Dissent The men who wrote the Constitution did not define acceptable dissent tactics in the First Amendment. The meaning of what is considered acceptable strategies of dissent constantly changes. 10 A Legalistic Position A model definition of acceptable dissent The First Amendment protects dissent if it is belief and not act. If it is speech and does not create a clear and present danger of injury to others. If it is against a specific law or enforcement thereof by silent and reproachful presence. In a place where the dissenter has every right to be. 11 Supportive Legalistic Views The U.S. Constitution does not give us the right to disobey valid laws. The U.S. Constitution does not give anyone the privilege to violate a law even if the protest demonstration is designed to test the law s constitutionality. Every time a court order is disobeyed, and each time an injunction is violated, the effectiveness of our judicial system is eroded. 12 INTRODUCTION 4
The Legalistic Position: A Summary Protesters are justified in disobeying the commands of civil authorities who try to forbid actions that exercise privileges guaranteed by the Constitution. Those who hold this view, however, insist that no one has the right to disobey valid laws. 13 Contrasting Positions Traditional methods of dissent are insufficient or have fallen on deaf ears. Dissent is often focused on organizational policies or administrative decisions and not laws. The dissent issue is often not negotiable to those in the power structure. 14 A Classic Argument Some guidelines for deciding when to disobey the law through protest activity: Civil disobedience the deliberate violation of the law for a vital social purpose. Government and laws are instruments to life, liberty, and happiness, not ends in themselves. 15 INTRODUCTION 5
Civil disobedience can involve violating laws that are not in themselves wrong in order to protest an important issue. If a specific act of civil disobedience is morally justifiable, then jailing those who perform the act is immoral and should be opposed. The tactics used in civil disobedience should be as nonviolent as possible. The degree of disorder in civil disobedience should be measured, not against some misleading degree of peace or order associated with the status quo, but against the real disorder or violence produced by the abuse that led to the protest. The state and the citizen have opposed interests. 16 A great many Americans occupy the middle of the political spectrum in that they consider themselves to be neither liberals nor conservatives. Communists feel that even the welfare capitalism found in the United States is evil and must be eliminated. Anarchists argue that all government is evil. 17 Libertarians criticize both liberals and conservatives as abusing the power of the government and infringing on individual liberties. Libertarians are very concerned with protecting individual freedoms. Due to the nature of democracy in the United States, many compromises are made in order for the political system to function. 18 INTRODUCTION 6
Political Dissent Political dissent is concerned primarily with affecting change in political policy. Social Dissent Social dissent is concerned primarily with gaining social equality. Social dissent in the United States was pioneered by Martin Luther King, Jr. 19 Economic Dissent Economic dissent is concerned primarily with affecting change in the economy and meeting material needs. Religious Dissent Religious dissent is concerned primarily with affecting change in the definition of religious freedoms or specific religious practices that may violate existing law. 20 Environmental Dissent Environmental dissent is concerned primarily with affecting change in the surroundings or settings in which we live. 21 INTRODUCTION 7
Strategies of Dissent and Response Legalists and advocates of dissent differ in many critical respects, but they all recognize the need for justice, order, and change. They also agree that dissent must be analyzed in relation to crisis in American institutions. 22 Strategies of Dissent Strategies of dissent differ with regard to three concerns: The nature of the desired changes The means of achieving change Attitudes toward the people who defend the system Three strategies can be distinguished: The strategy of order The strategy of disorder The strategy of violence 23 Strategies of Response The response of law The response of order The response of violence 24 INTRODUCTION 8
Violent Action Some dissident groups seem committed to violence from the outset, engaging in guerrilla warfare and terrorists activities. This type of warfare exists throughout the world. Terrorism and guerrilla insurgency have appeared in all segments of major U.S. cities. 25 A key element in violent dissent is that the dissenters seek to achieve their goals by whatever means necessary. Many individuals and criminal gangs engage in activities that could also be classified as terrorism. The number of international terrorists operating in America is increasing. 26 The Role of Third Parties Both dissidents and authorities plan tactics, publicity, and media communications to win over third parties. This is especially important when power differences are great between the conflicting parties, and the weaker party can obtain a compromise or achieve its goals only if strong third parties become its allies. 27 INTRODUCTION 9
The Role of the Media All parties try to influence the way conflict and the parties to it are portrayed in newspapers and magazine articles and on radio and television. When political authorities are pressed by dissent, freedom of the press comes under increasing fire. 28 The Police The police frequently find themselves acting as substitutes for necessary political and social reform. Labor history demonstrates that the police served as the main bulwark against the labor movement. Picket lines were violently dispersed; meetings were disrupted; organizers were shot, beaten, and jailed. 29 Responses of Violence In some of our larger cities, tenant groups, students, war protesters, gays, browns, and blacks have drawn similar responses from the police. 1968 National Democratic convention in Chicago 30 INTRODUCTION 10
Police View of Dissent Many police officers view protest as unequivocally illegitimate. As a result, police may tend to be hostile to most strategies of dissent and make the reduction of dissent their goal. The dangers of such a position are many. 31 The Police and Dirty Work The police frequently provide the most visible direct response to dissent. The police find themselves doing the dirty work of larger political and social forces. The acceptable approach today is an attempt to balance the rights of protesters with the need to maintain law and order. 32 Political Surveillance The FBI, CIA, IRS, armed forces, Secret Service, and other government agencies sometimes equate dissent with subversion. As a result, they maintain surveillance of the activities of dissidents. A major purpose of this surveillance is political control of dissent. 33 INTRODUCTION 11
The Issue of Impartiality It is difficult for the court to function as an impartial arbiter of conflict when the government itself is a party to the conflict. The lower courts in the United States have often set aside their independence and become instruments of political need, without regard for legality. 34 Planning and Preparation If police agencies are prepared, they can effectively use the wide range of options that they have and seize the initiative in a situation. Cooperation and coordination among units in a single police agency are critical. A system of response must be organized as one. 35 INTRODUCTION 12