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38 Mitchell Hamline L. J. Pub. Pol'y & Prac. 1 (2017)

handle is hein.journals/hplp38 and id is 1 raw text is: 
Moos: #ProtestersRightsMatter: The Case Against Increased Criminal Pena


#PROTESTERSRIGHTSMATTER: TUE CASE AGAINST INCREASED CRIMINAL
              PENALTIES FOR PROTESTERS BLOCKING ROADWAYS

                                       Caroline M. Moos*


                                         I. Introduction

With the increased prevalence of protests involving roadway blocks, some have called for stronger
penalties for protesters who engage in this disruption.' Director of the Rudin Center for Transportation at
New York University, Mitchell Moss, opined that, political protest today is now almost totally focused
on transportation systems, whether it's a road, a bridge, in some cases a tunnel - rather than buildings.2
With protests in July 2016 in St. Paul, mere blocks from Mitchell Hamline School of Law, local
communities must consider protesters' actions and those consequences with added gravitas. By reviewing
the historical background for roadway blocking protests, the recent increase in protests, available
penalties and consequences, and the motivations of protesters, we can better understand the landscape
regarding urban roadway protests. While it seems to be in the best interest of public safety to prevent
roadway blocking protests, increasing criminal penalties would not have this intended effect and should
be avoided for this purpose.


                                       II. BACKGROUND

Protests and demonstrations have been a common thread throughout American history, oftentimes
blocking traffic and roadways. Roadways are a common target for protests because they have significant
potential for disruption and thus, attention to the protesters' cause. For almost 200 years, blocking city
streets has been [a] ... tactic since there were urban protests.3 Research has shown that more than half of
the urban protests related to the Black Lives Matter movement that occurred from November 2014 to May
2015 in the United States focused on shutting down roadways.4




* Caroline M. Moos is a JD Candidate at Mitchell Hamline School of Law.

1 Clay Masters, Bills Across The Country Could Increase Penalties For Protesters, Minnesota Public Radio (Jan.
31, 2017), http://www.npr.org/2017/01/31/512636448/bills-across-the-country-could-increase-penalties-for-
protesters.

2Emily Badger, Why Highways Have Become the Center of Civil Rights Protest, WASH. POST (July 13, 2016),
https://www.washingtonpost.com/news/wonk/wp/20 16/07/13/why-highways-have-become-the-center-of-civil-
rights-protest/.
3 Sarah Goodyear, In Protests, Who Owns the Highways?, CITYLAB FROM THE ATLANTIC (Oct. 27, 2014),
http://www.citylab.com/politics/2014/10/in-protests-who-owns-the-highways/3 81963.
4 Badger, supra note 2.


Published by Mitchell Hamline Open Access, 201

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