Dennis Fox’s Weblog

This report from Friday’s New York Times won’t surprise those who have participated in protest marches and rallies in New York over the past few years (as I described after protesting at the Republican National Committee in 2004).

Excerpts from the Times:

In five internal reports made public yesterday as part of a lawsuit, New York City police commanders candidly discuss how they had successfully used “proactive arrests,” covert surveillance and psychological tactics at political demonstrations in 2002, and recommend that those approaches be employed at future gatherings.

Among the most effective strategies, one police captain wrote, was the seizure of demonstrators on Fifth Avenue who were described as “obviously potential rioters.”

The reports provide a rare glimpse of internal police evaluations and strategies on security and free speech issues that have provoked sharp debate between city officials and political demonstrators since the Sept. 11 attack. The reports also made clear what the police have yet to discuss publicly: that the department uses undercover officers to infiltrate political gatherings and monitor behavior.

Indeed, one of the documents — a draft report from the department’s Disorder Control Unit — proposed in blunt terms the resumption of a covert tactic that had been disavowed by the city and the federal government 30 years earlier. Under the heading of recommendations, the draft suggested, “Utilize undercover officers to distribute misinformation within the crowds.”

….

Daniel M. Perez, the lawyer representing the people arrested at the animal rights demonstration, argued that the police tactics “punish, control and curtail the lawful exercise of First Amendment activities.” The Police Department and the city have said that preserving public order is essential to protecting the civil rights of demonstrators and bystanders.

Mr. Perez maintains that the police documents, taken together, show a policy of pre-emptive arrests. The draft report discussed how early arrests could shape future events. “The arrests made at West 59th Street and Fifth Avenue set a ‘tone’ with the demonstrators and their possible plans at other demonstrations,” the report stated.

….

Mr. Perez said the show of force sent a deliberate warning to people expressing their opinions. “The message is, if you turn out, be prepared to be arrested, be prepared to be sent away for a long time,” he said. “It sounds like something from a battle zone.”

Demonstrators arrested during the economic forum were held by the police for up to 40 hours without seeing a judge — twice as long as people accused of murder, rape and robbery arrested on those same days, Mr. Perez said.
….

The power of the police to secretly monitor political gatherings was tightly controlled by a federal court between 1985 and early 2003, the result of a lawsuit by political activists from the 1960’s who charged that police undercover officers had disrupted their ability to express their opinions. Many of the restrictions from that case, known as Handschu, were eased at the request of the city in 2003.

The proposal to use undercover officers to spread misinformation — which the Police Department says was not adopted — recalled the origins of the Handschu lawsuit, which was based in part on the actions of undercover agents and officers who instigated trouble and spread lies among a group of military veterans who opposed the Vietnam War.

This entry was posted on Tuesday, March 21st, 2006 at 8:58 am and is filed under Law/Justice, Miscellaneous. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.