hate crimes weirdness

Doug Henwood dhenwood at panix.com
Wed Mar 1 19:58:49 PST 2000


Speaking of prosecuting thoughts, this comes from a sidebar to a dull piece by Russ Baker on the Hillary-Rudy Senate race in the March 13 American Prospect called "Benito Giuliani," by Corey Robin and Steve Fraser, on the possible transit strike in NYC late last year:

"Sensing a golden political opportunity to, in the words of his chief lawyer, 'save the people of the city...from a wide-ranging catastrophe,' Giuliani had Michael Pesce, a state administrative law judge, issue a temporary restraining order so far reaching it literally enjoined people from thinking certain thoughts. The order prohibited transport workers from striking, from voting to strike, and from 'encouraging or condoning, or lending support or assistance of any nature to any strike.' It forbade all communication, written or spoken, that had the 'intent, purpose, or effect to encourage or support' a strike. Pesce even prohibited individuals from being 'in favor of' a strike.

Pesce addressed the order not only to union leaders and members but to 'all other persons whomsoever, known or unknown, acting in [the union's] behalf or in concert with them in any manner or by any means.' The order could apply to a husband encouraging his wife to walk off the job, to labor leaders rallying on behalf of striking subway workers, even to a kindly person handing a cup of coffee to a bus driver walking a picket line...."

The article goes on to point out that the unions and much of the liberal establishment hardly spoke a word in objection to this decree. Honorable exceptions: Arthur Schwartz, lawyer for the dissident faction within the Transport Workers Union; the ACLU; and the Center for Constitutional Rights.

Nathan's friend Hillary was not to be heard from.

Doug



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