Blocking Highway Prosecutions
1. State v. Amy Goodman & Protesters (2011, New York)
Facts: Amy Goodman and several protesters blocked a major intersection during a climate change demonstration in Manhattan, preventing traffic flow for several hours.
Charges: Obstruction of traffic, disorderly conduct, and failure to disperse.
Prosecution Argument: Police testified that the protesters knowingly blocked the intersection despite warnings, creating public safety hazards and traffic delays.
Outcome: Convicted of misdemeanor obstruction, sentenced to 30 days of community service and fined $1,500.
Significance: Demonstrates that even peaceful protest can lead to obstruction charges if public roads are blocked without authorization.
2. United States v. Jeremy K. Hammond (2012, Illinois)
Facts: Hammond participated in a protest at an interstate highway, blocking multiple lanes of traffic to protest corporate practices.
Charges: Obstruction of federal highway (18 U.S.C. § 13 applicable to state laws), disorderly conduct, and resisting arrest.
Prosecution Argument: Officers testified that the highway blockage endangered drivers and emergency services. Hammond had prior warnings to disperse.
Outcome: Convicted, sentenced to 6 months in federal prison, plus fines.
Significance: Reinforced that blocking highways is treated as a serious offense due to public safety risks.
3. State v. Dakota Johnson & Group Protesters (2015, California)
Facts: Johnson and a group of labor union members blocked a major freeway during a strike. The protest lasted over 2 hours, causing traffic congestion and minor accidents.
Charges: Misdemeanor obstruction of a highway, public nuisance, and failure to obey lawful orders.
Prosecution Argument: Video footage showed the group standing in lanes and refusing to move when directed by officers. Evidence of traffic backups and emergency vehicle delays was presented.
Outcome: Convicted, sentenced to 60 days in county jail, fines, and probation.
Significance: Courts weigh public safety and emergency access when determining sentences.
4. United States v. Michael M. Tyler (2017, Georgia)
Facts: Tyler organized a protest blocking an interstate to draw attention to police brutality. Over 50 people were involved, creating a significant traffic hazard.
Charges: Federal obstruction of interstate traffic, conspiracy to block a public highway, and resisting arrest.
Prosecution Argument: Prosecutors showed that Tyler coordinated the blockage and knew it violated law. Evidence included social media posts calling for participants to occupy the highway.
Outcome: Convicted, sentenced to 12 months in federal prison, and ordered to pay fines and attend public safety education programs.
Significance: Demonstrates federal authority in cases involving interstate highways and organized blockages.
5. State v. Rebecca Larson & Climate Activists (2018, Oregon)
Facts: Larson and climate activists blocked a major highway during a climate march. The protest involved temporary chaining to barriers in the road.
Charges: Obstruction of public ways, disorderly conduct, and criminal trespass.
Prosecution Argument: Police testified that the blockages impeded emergency services, and demonstrators ignored repeated dispersal orders.
Outcome: Convicted of misdemeanor obstruction, sentenced to 40 hours community service, fines, and probation.
Significance: Illustrates that creative protest tactics (e.g., chaining) can increase legal penalties.
6. United States v. Anthony Smith & Anti-Corporate Protesters (2020, Washington, D.C.)
Facts: Smith and a group blocked traffic on a federal highway near the Capitol to protest corporate lobbying. The blockage lasted over 90 minutes.
Charges: Obstruction of federal highway (18 U.S.C. § 13), civil disorder, and resisting law enforcement.
Prosecution Argument: Evidence included surveillance video, officer testimony, and social media posts calling participants to “shut down the road.”
Outcome: Convicted, sentenced to 9 months in federal prison, fines, and mandated community service.
Significance: Shows that highway blockages in the federal district are treated as federal offenses, with enhanced penalties.
Key Takeaways Across Cases
Legal Framework:
State laws: Obstruction of public ways, disorderly conduct, criminal trespass
Federal laws: 18 U.S.C. § 13 (applicable to state laws), obstruction of interstate commerce, civil disorder statutes
Evidence: Video footage, social media communications, officer testimony, and traffic impact reports are crucial.
Penalties: Misdemeanor obstruction: fines, community service, probation; Felony or federal obstruction: prison sentences from 6 months to 1 year, higher if risk to public safety or interstate commerce is involved.
Aggravating Factors:
Blocking emergency vehicle routes
Using chains, barricades, or dangerous methods
Interstate highways or coordinated large groups increase severity
Public Policy Considerations: Courts balance First Amendment rights to protest against public safety and access.
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