Greenpeace Acquitted: Judge Finds Greenpeace Not Guilty in Landmark Free Speech Case

Media release - May 19, 2004
The Bush administration's attempt to use an obsolete "sailormongering" law to prosecute Greenpeace failed today when Judge Adalberto Jordan dismissed the charges in the midst of the trial. Shortly after the Justice Department rested its case, the judge granted Greenpeace's motion for acquittal, ruling that there was insufficient evidence to send the case to the jury. Greenpeace was the first organization to be prosecuted for the free speech activities of its supporters.

"America's tradition of free speech won a victory today but our liberties are still not safe," said Greenpeace Executive Director John Passacantando. "The Bush administration and its allies seem bent on stifling our tradition of civil protest, a tradition that has made this country stronger throughout its history. Greenpeace is grateful to everyone who stood with us -- from former vice president Al Gore and NAACP Chair Julian Bond to the citizens of Miami and people around the world. We will never give up the struggle to protect our forests, our air, and our water and to build a green and peaceful future."

The case stems from a protest that took place several miles off the coast of Florida in April 2002. Two Greenpeace activists peacefully boarded a ship that was carrying illegal mahogany wood from the Brazilian Amazon into the Port of Miami. The activists, who clearly identified themselves as Greenpeace, intended to hang a banner that read "President Bush: Stop Illegal Logging." The individuals involved in this nonviolent protest were arrested, and misdemeanor charges against them were settled later that year.

However, instead of intercepting the illegal mahogany and prosecuting the smugglers, the Justice Department filed criminal charges against Greenpeace on July 18, 2003. Greenpeace was charged under an obscure 1872 law against quot;sailormongering," aimed not at protestors but at unscrupulous 19th-century innkeepers who would attempt to lure sailors to their establishments.

Numerous leaders, legal scholars and groups publicly criticized the prosecution, including Al Gore, Senator Patrick Leahy, the NAACP, the ACLU of Florida, People for the American Way, the Sierra Club, the Natural Resources Defense Council, the Miami Herald, the San Francisco Chronicle and the Denver Post.