Animal Rights: Victory for CointelPro; Loss for Civil Liberties

BERKELEY – California Gov. Arnold Schwarzenegger on Sunday (Sept. 28) signed the Researcher Protection Act of 2008, instituting new penalties for those who target the homes and families of academic researchers, in particular those who use animals in their research.

The new law, which takes effect immediately, makes it a misdemeanor to trespass on the home property of an academic researcher "for the purpose of chilling, preventing the exercise of, or interfering with the researcher's academic freedom."

It also establishes a new misdemeanor offense for anyone who publishes personal information about a researcher, or his or her family, in order to encourage others to commit violent acts or threaten violence against them. The bill authorizes a researcher to seek a preliminary injunction against publishing such information.

In arguing for the legislation, Assembly Bill 2296, the university maintained that it would fill gaps in federal prosecution of animal rights extremists under the 2006 Animal Enterprise Terrorism Act.


Trespassing and Intimidation: “Researcher Protection Act of 2008.”
Adds Pen. C. §§ 422.4 and 602.12

Pen. C. § 422.4.
(a) Any person who publishes information
describing … an academic researcher or [an]
immediate family member, or the location … where
[any of them] may be found, with the intent that
another person imminently use th[is] to commit a
crime [of] violence or a threat of violence…, and
th[is] is likely to [do so] is guilty of a misdemeanor,
punishable by … jail [up to] one year, a fine [up to]
[$1,000], or by both….
(b) …:
(1) "Publishes" means making the information
available … through any medium, including … the
Internet …, or e-mail.
(2) "Academic researcher" [is defined in Pen. C. §
602.12 [which is quoted below].
(3) "Immediate family" [is broadly defined].
(4) "Information" includes, but is not limited to, an
image, …, photograph, …, photocopy, …, or any …
computer-generated image.
(c) Any [such] researcher … may seek a
preliminary injunction enjoining any further
publication…. [One exception is stated.]
(d) This section shall not apply to any person …
lawfully engaged in labor union activities … under
state or federal law.…

Pen. C. § 602.12
(a) Any person who enters the residential real
property of an academic researcher [to] chill[ ],
prevent[ ] the exercise of, or interfere[ ] with the
researcher's academic freedom is guilty of trespass,
a misdemeanor.
(b) …:
(1) "Academic researcher" means any person
lawfully engaged in academic research [with a]
California community college, … California State
University or the University of California, or a
Western Association of Schools and Colleges
accredited, degree granting, nonprofit institution.
[But] does not include routine, nonlaboratory
coursework or assignments.
(2) "Academic freedom" means the lawful
performance, dissemination, or publication of
academic research or instruction.
(c) This section shall not apply to any person …
lawfully engaged in labor union activities … under
state or federal law.…