Introduction
Sometimes it may be necessary to engage in civil disobedience in order to make changes. However, civil disobedience is more than making noise and getting arrested. Civil disobedience should be effective and get results. Civil disobedience should be part of a strategy to reach a desired goal.
The following article provides tips for effective civil disobedience. I have created this list based on my observations, personal experience, and study of history.
Using other Methods Prior to Civil Disobedience
I wish to emphasize up front that other means for change should always be attempted prior to civil disobedience. The first methods are related to communicating with your representative: calling your representatives, lobbying your representatives, speaking out at public hearings, and asking questions of representatives at town hall meetings. If necessary you can campaign to replace the representative with one who understands your issue.
The second set of methods prior to civil disobedience are related to making your issue heard, including: peaceful rallies in front of government buildings, media campaigns, and public education.
These methods should always be tried prior to civil disobedience. However, if these methods seem to fail for your particular issue, then civil disobedience may be necessary to get the point across.
Civil Disobedience Overview
The point of civil disobedience is to do something bold enough to convince the person with power to make the changes that you desire. Along the way, civil disobedience will educate the public on your issue, attract supporters to your cause, and give your opponent a negative reputation.
Always remember that civil disobedience is a means to a goal. Civil disobedience is not a license for unlimited behavior solely for attention or thrills. Be strategic, have a directed purpose, and you will get results.
The tips below are some of the most effective methods for using civil disobedience to create results. These tips are compiled from stories of civil disobedience throughout history - such as the Scopes Monkey Trial, protests of the 1960s, the Tea Party movement, and many other events.
List of Tips for Effective Civil Disobedience
1. Know the issue and be absolutely certain you are right
2. Be able to cite law and facts
3. Select the best office and location to target
4. Be able to offer a reasonable counter proposal
5. Do not make life more difficult for the general public
6. Be peaceful, non-violent, and non-destructive
7. If you break the law, accept the consequences peacefully
8. Get media coverage ready before you begin
9. Take your cause and civil disobedience to trial
10. If you plan on doing a lawsuit, have a lawyer ready
11. Do a class action lawsuit
Each of these tips will be expanded on briefly below
1. Know the issue and be absolutely certain you are right
Before diving into civil disobedience it is essential that you are certain that you are fighting for a worthy cause. Every issue has at least two sides, often more. The situation is often complex with many factors to consider. You must understand all aspects of the issue in great detail before you begin. You must be certain that your position is the correct one, and you must be able to support your position with facts.
2. Be able to cite law and facts
It is not enough to shout your opinion. Anyone can shout an opinion, but the people watching the debate don’t know which opinion is correct. Therefore you must be able to state facts. Depending on the issue you may need to cite laws, scientific analysis, or independent studies.
You must also be able to back up your facts with a reliable source. It is not enough to say “the law states” or “scientists say”. You need to cite the section of law, or cite the organization which performed the study. If you have copies of key documents to show the people then that is more effective.
The best technique is to create handouts. These will be a page or two of relevant laws or data, always with the source of that information under each section. The public watching the events can then take the information home, study the information, and check your facts. With that information they are more likely to support your cause.
3. Select the best office and location to target
Where should the act of civil disobedience take place? Select the location carefully. Make sure that the location is the office or business responsible for the problem. Then make sure that the director can actually do something about the situation. It does no good to protest at a location where the office is not responsible for the problem or where the director has no authority to make changes.
If the offense occurs at several locations then it is most effective to choose the location where the offense is most severe. At which location is freedom most restricted? Which location causes the greatest harm to the community? Select those locations first because the public will see most clearly that your complaint is reasonable.
4. Be able to offer a reasonable counter proposal
Anyone can complain about a problem. What is your solution? The representative or director made a decision based on the complexities of the situation. If you don’t like it then you need to offer up a realistic solution to this complex problem.
For example, the Massey Energy company has been polluting sections of West Virginia from coal mining operations. The company has been cited in 60,000 violations of environmental law and has caused several deaths. The people of the community have offered two reasonable counter-proposals. The first proposal is to fix the operating procedures so that the company is no longer in violation. In other words, the company can still produce coal, just in a manner which is in accordance with existing environmental law. The second proposal is for the company to build wind turbines on the hills instead of digging for coal. In other words, the company would continue to be an energy company and continue to make profit, just change the energy source from coal to wind. Both solutions are reasonable and meet the needs of all parties.
Be sure you have reasonable counter-proposals. Don’t just complain, offer a realistic solution.
5. Do not make life more difficult for the general public
One of the biggest mistakes protesters make is causing trouble for the general public. This turns public opinion against the protesters, and with the media attention you can be sure that the group will be despised for many years.
In Berkeley the protesters blocked many of the students who wanted to learn from going to class. In Ohio the protesters set fire to the ROTC building and cut the water lines used by the fire department. In the 1980s protesters commonly blocked traffic in major cities. Actions such as these are a nuisance to the general public, and the public is always displeased. Instead of getting positive attention for the cause, the protesters get negative attention on themselves. Decades later, many people who were blocked by the protesters still complain about the trouble those protesters caused. Don’t let that negative reputation happen to your group and your cause.
When planning an act of civil disobedience make sure that you are only affecting the office which is responsible for your issue. Do not prevent the public from doing their normal activities, particularly in the areas of earning a living, traveling, safety, and basic necessities.
6. Be peaceful, non-violent, and non-destructive
When actually engaged in the act of civil disobedience the most important tip to remember is to be peaceful.
Be peaceful, be non-violent, and do not be destructive. Yes, you can shout your opinion and you can express your emotions. However, try not to be hostile. Never get physical. Never cause damage to property.
The worst thing you can do is to become violent and destructive. That image will be shown on the television repeatedly. It will become your group’s image, and that image will cause you to lose public support. Furthermore, the representatives will not want to meet with you. In fact, they are more likely than ever to support the other side.
In contrast, by resisting violence, by always being peaceful, you show an inner strength. This is very powerful. The public will see you as honest and righteous. That is the image you want.
7. If you break the law, accept the consequences peacefully
Sometimes acts of civil disobedience can actually mean breaking the current law. Remember that you want attention on the issue, not on your arrest. If you break the law then you must accept the consequences. You must do so peacefully and agreeably.
Remember that the righteousness of your cause does not excuse you from the law. Furthermore, if you want to be seen as righteous, and your cause seen as an important cause, then you must accept the consequences for your actions.
When the police ask you to leave you can leave at that time. You will have gotten some media attention yet not be arrested and will not have a criminal record. However, if you remain and the police arrest you, then you must go peacefully. The public will not approve if you are violent in addition to breaking the law. Furthermore, you must accept the consequences: jail time, fines, or whatever punishments they impose. Accept the punishment gracefully.
Also understand that you will have a criminal record for the rest of your life, and you may be denied future opportunities. Be proud of what you have done, continue to explain your reasons to those who ask, and accept your limited opportunities in the future. Otherwise, don’t engage in civil disobedience.
Note that you may be breaking the law to highlight the law, in order to change the law. Until that law is changed you must accept the consequences of your behavior. Do so peacefully and gracefully.
8. Get media coverage ready before you begin
If a tree falls in a forest and nobody hears it, did it make a sound? And if a man engages in civil disobedience and nobody heard about it, then did it make any impact? This is why media attention is essential.
Acts of civil disobedience are useless without proper media attention. Therefore it is essential to get as much media coverage as possible before you begin. Start with hand held video cameras and You-Tube. These videos can be spread quickly and easily. Then call the local community newspapers, especially if your issue affects the community. Then start calling local television and radio stations. Over time your group will get greater media attention and your cause will become more well known.
9. Take your cause and civil disobedience to trial
Sometimes it is effective to take your cause and act of civil disobedience to trial. The media always loves a trial so you will be sure to get public attention. Your cause will be talked about in the media for weeks, perhaps months.
Your lawyer will articulate some of the same arguments you have been making, which further promotes your cause. The lawyer will talk about the issue during both the trial and in interviews. It is also possible that you may win your case. This means you will have made actual results.
However, trials are very expensive so get your financing before you begin. Also there is no guarantee you will win your trial, even if your position is right. Going to trial is always a major risk.
Several versions of lawsuits are possible. The most common lawsuits related to civil disobedience are:
The government prosecutes you for breaking a law which you believe should be changed or eliminated.
You sue a government agency for a regulation that prohibits freedom.
You sue a government agency for not enforcing laws and regulations which the agency is mandated by the legislature to enforce.
You sue a government agency for imposing excessive fines and punishments.
You sue a government agency for interpreting a regulation in such a way as to unfairly limit your freedom.
You sue a business for damage to the environment or health.
10. If you plan on doing a lawsuit, have a lawyer ready
If you are going to make a lawsuit part of your strategy then you should obtain a lawyer and develop the outline of a case before you do any act of civil disobedience.
One of the great myths of civil disobedience is that a single man acts on his own, then suddenly a fleet of lawyers appear to defend him. Not likely. What usually happens is that the legal team exists first, and they are ready to strike when the person commits his act. It is also common for the legal team to direct the actors in the civil disobedience, suggesting specific acts and procedures to take so that the team has the best possible case.
Therefore if you are planning on taking your civil disobedience to trial, first get a legal team, then create an outline of your case, before doing your act of civil disobedience.
11. Do a class action lawsuit or suit with multiple violations
Violating one person’s rights may be seen as an isolated incident. Violating the rights of two or three people may be seen as a temporary lapse in judgment. Violating the rights of 10 or more people - that establishes a pattern.
In order to win a case against a large entity such as a government agency or a major corporation, you need to have a class action lawsuit. The better class action lawsuits will have four things:
As many people as possible
From as many regions as possible
From as diverse socio-economic background as possible, and
With the clearest evidence possible.
The more you have of these criteria the stronger your case will be.
If you are planning on a class action lawsuit then you can create acts of civil disobedience which involve all these criteria.
Get numerous people willing to undertake this mission. Try to enlist people from different regions so the events are not just concentrated in one area. Choose locations and specific actions which will bring about the clearest evidence for the future case. Coordinate the timing of the events so they appear to be home grown and natural to the general public, yet all occur within a few weeks. Putting all this together will allow several acts of civil disobedience directed at the same purpose within a short time and with clear evidence. From these activities the legal team can create a class action lawsuit.
It is possible to create a class action lawsuit from previous violations, based on people who have been harmed in earlier years. However, it is more difficult to locate the individuals and to compile the events into a coherent case.
Remember that a class action lawsuit will be very expensive and time consuming. However, your cause will get major media attention, and you are more likely to make actual changes if the jury rules in your favor.
Conclusion
Civil disobedience is a means to a goal. Prior to engaging in civil disobedience you should always try to achieve the goal in other ways. However, if after exhausting all other options you believe that civil disobedience is absolutely necessary, then you must be smart. You must be strategic, not haphazard.
Personal note and disclaimer
Personally, I would never engage in civil disobedience. This is not my style and I have no desire to break any laws.
However, being politically active I have watched civil disobedience frequently and I have studied such events quite often. I have also talked with people who have engaged in civil disobedience. I have talked with people who were in the middle of the events.
This article is written for those political activists who have expressed concern that the government is no longer responsive to the people, and that acts of civil disobedience may be our only option. To them I say: If you are determined to do acts of civil disobedience then be as effective as possible. Do more than make noise: be strategic and create results.
Mark Fennell
July 2011
