Was this action different from other Greenpeace actions?

In our 33-year history, no Greenpeace activist has ever caused harm to another individual, and all demonstrations are executed with the utmost regard for the safety of all those involved. From atmospheric nuclear testing, to the exploitation of the Antarctic, to the dumping at sea of radioactive waste, Greenpeace protests have served as an effective expression of our free speech rights.

Numerous organizations with protest activities similar to Greenpeace's have not been indicted by the government. For example, Operation Rescue, an anti-abortion activist group has blocked entrances to abortion clinics on many occasions. While individual protestors have been arrested and prosecuted, the organization has not. Similarly, the political action group, Democracy Movement, staged protests in a governmentally-designated security zone off the Florida coast. Again, individual protestors, not the organization, were arrested and prosecuted.

Moreover, the significance of this case goes far beyond Greenpeace; it is about the fundamental rights of all Americans to engage in peaceful protest. In America's history, non-violent protest has been central to capturing attention and bringing positive change.

In 1773, American protestors boarded ships over objectionable cargo; it was called the Boston Tea Party, and it was critical to focusing objections to British rule. If African-Americans in the South had simply picketed businesses instead of staging lunch counter sit-ins and taking seats at the front of the bus, support for civil rights might have been much slower in coming. And if Southern prosecutors had criminally convicted groups like the NAACP or SCLC for civil disobedience, the movement might have been stopped in its tracks.

The boarding of the APL Jade is similar to many protests carried out by Greenpeace activists over the last three decades. However, the prosecution of the organization is what is unprecedented.

Greenpeace recognizes the need for greater security, including at ports, the wake of terrorist attacks. We carry out our work with full attention to safety and protection of property. Greenpeace activists make clear by their words and actions that they are engaged in peaceful efforts, not violence.

Harshly penalizing Greenpeace here would chill First Amendment rights for everyone. If protest actions on commercial ships are banned, what is next? Probably, protests in shopping malls, government and university buildings, hotel ballrooms and public plazas.