First Amendment Loses as Pipeline Industry Scores Another Win in Wisconsin – In These Times
A pincer of police closes in on the front line camp, built on unceded Indian land north of the Standing Rock Indian Reservation and in the path of the Dakota Access Pipeline, on October 27, 2016. (Image: Law Enforcement Photo / The Intercept)
A recent pair of United Nations climate reports make at least one thing clear: It is critical that we stop constructing new fossil fuels infrastructure.
Unfortunately, some people seem to have misread the warnings: On Nov. 20, Wisconsins governor, Tony Evers, a Democrat, signed a law that, instead of penalizing oil pipelines, penalizes protesters who disrupt the construction of such critical infrastructure.
The new law makes it a felony, punishable by a fine of up to $10,000 and up to six years in prison, to trespass on the property of an oil pipeline or storage facility.
The Wisconsin law did not generate in a vacuum. The bill, which is similar to model critical infrastructure legislation promoted by the American Legislative Exchange Council (ALEC), was a response to the Lakota-led uprising at Standing Rock, N.D., against the Dakota Access Pipeline, during which protesters built a sprawling camp in the pipelines path, chained themselves to construction equipment and marched onto the pipeline right-of-way to halt construction. After Standing Rock, industry groups such as Koch Industries, Marathon Petroleum Corporation and Energy Transfer Partners mounted a lobbying campaign in state legislatures across the country to advocate such anti-protest laws.
The effort has been successful. According to Greenpeace, Wisconsin is the 10th state to institute such a law, and at least 13 others are considering similar measures.
But thats not the only context that matters. The latest U.N. Emissions Gap report, issued Tuesday, made headlines with its bleak finding that because the Earths governments have failed to cut emissions in the last decade, steeper cuts are now required much more quickly if the world hopes to avoid catastrophic climate change. According to the New York Times, the report found that even if every country fulfills its current pledge under the Paris Agreement, average temperatures would be on track to rise by 3.2 Celsius above the baseline temperature at the start of the industrial age. Bleaker still, many countries, including the United States, which has begun to officially pull out of the agreement, are not on track to meet their modest pledges under the Paris Agreement.
Bizarrely, even as they pledge to reduce emissions, many signatories to the Paris climate accord continue to ramp up fossil fuel production. According to the U.N. Production Gap reportissued on Nov. 20, the same day that Gov. Evers signed the bill to squelch pipeline proteststhe Earths governments plan to extract 50% more fossil fuels by 2030 than would be consistent with a pathway to 2 C of warming and 120% more than would be consistent with a pathway to 1.5 C of warming. While the production gap is largest for coal, according to the report:
Oil and gas are also on track to exceed carbon budgets, as countries continue to invest in fossil fuel infrastructure that locks in oil and gas use. The effects of this lock-in widen the production gap over time, until countries are producing 43% (36 million barrels per day) more oil and 47% (1,800 billion cubic meters) more gas by 2040 than would be consistent with a 2C pathway.
The report goes on to explain the maniac logic countries use to justify increasing production:
Many countries appear to be banking on export markets to justify major increases in production (e.g., the United States, Russia, and Canada) while others are seeking to limit or largely end imports through scaled-up production (e.g., India and China). The net result could be significant over-investment, increasing the risk of stranded assets, workers, and communities, as well as locking in a higher emissions trajectory.
In short, if governments really did their jobs, they would criminalize pipelines, not protesters.
In response to the reports, Mitch Jones, climate and energy program director for Food and Water Action, says our most urgent task is to cut off the supply of fossil fuels at their source. He says, We have no time left to waste on neoliberal market tweaks.
Jones, however, holds out hope that the task may yet be accomplished by policy makers and political leaders. Others, especially people in frontline and indigenous communities who witness the destruction of fossil fuel extraction first hand, arent waiting on the government to act. Faced with the abdication by their elected leadership, as detailed in the U.N. reports, these communities are taking the matter into their own hands, and forging a decentralized global movementthat Naomi Klein dubs blockadiato resist, disrupt and defeat new fossil fuel infrastructure. The movement burst into international visibility on the Dakota plains, but it did not stop there. As it were a milkweed pod, the North Dakota authorities who crushed the Standing Rock camps in February 2017 succeeded only in spreading the seeds far and wide.
Given this context, the Wisconsin law and others like it should be seen for what they are: maneuvers in the climate war, made by mad men intent on strapping us all into their doomsday machine and sealing the exits.
These laws are evidence, also, of how afraid they are that the blockade-at-the-source tactics that have proliferated since Standing Rock just might work.
In These Times has been selected to participate in NewsMatchthe largest grassroots fundraising campaign for nonprofit news organizations.
For a limited time, when you make a tax-deductible donation to support our reporting, it will be matched dollar-for-dollar by the NewsMatch fund, doubling your impact.
Continue reading here:
First Amendment Loses as Pipeline Industry Scores Another Win in Wisconsin - In These Times
- Video First amendment lawyer reacts to arrest of Don Lemon - ABC News - February 1st, 2026 [February 1st, 2026]
- Mark Levin: Interference is not a First Amendment right - Fox News - February 1st, 2026 [February 1st, 2026]
- Can You Protest Inside or Near a Church? First Amendment Analysis - Freedom Forum - February 1st, 2026 [February 1st, 2026]
- First Amendment lawyers say Minneapolis ICE observers are protected by Constitution - Minnesota Reformer - February 1st, 2026 [February 1st, 2026]
- Opinion | After the Minneapolis shootings, a reminder of what the First Amendment protects - Star Tribune - February 1st, 2026 [February 1st, 2026]
- Trump Border Czar Suggests First Amendment Isnt All That Important - The New Republic - February 1st, 2026 [February 1st, 2026]
- The First Amendment turned upside down: Buckley at 50 - Citizens for Responsibility and Ethics in Washington - February 1st, 2026 [February 1st, 2026]
- The Recap: Trump takes a dump on the First Amendment, plus his asinine Fed chair nominee - Daily Kos - February 1st, 2026 [February 1st, 2026]
- Student sues UMass Amherst on First Amendment rights, after school suspends him - NEPM - February 1st, 2026 [February 1st, 2026]
- This is a vendetta against the press: journalists warn of threat to First Amendment - Northern News Now - February 1st, 2026 [February 1st, 2026]
- California prohibits its teachers from talking about a student's gender identity to their parents. That raises First Amendment concerns. - FIRE |... - February 1st, 2026 [February 1st, 2026]
- First Amendment and what it means to teen-agers - hngnews.com - February 1st, 2026 [February 1st, 2026]
- Don Lemon charged with interfering with First Amendment rights at church protest - NBC News - February 1st, 2026 [February 1st, 2026]
- First Amendment expert links religious freedom to global interfaith work in Spokane talk - FVS News - February 1st, 2026 [February 1st, 2026]
- Protesters' rights: What they can and can't do under the First Amendment - midmichigannow.com - February 1st, 2026 [February 1st, 2026]
- What the Law Says About the Don Lemon Arrest and the Limits of the First Amendment - EEW Magazine - February 1st, 2026 [February 1st, 2026]
- The First Amendment Will Outlive Trump | Opinion - Out South Florida - February 1st, 2026 [February 1st, 2026]
- NABJ OUTRAGED AT ARRESTS OF DON LEMON, GEORGIA FORT THE FIRST AMENDMENT IS NOT OPTIONAL - Texas Metro News - February 1st, 2026 [February 1st, 2026]
- The Alex Pretti shooting and the growing strain on the First Amendment - FIRE | Foundation for Individual Rights and Expression - January 26th, 2026 [January 26th, 2026]
- Opinion | Jack Smith is in First Amendment denial about trying to gag Trump - The Washington Post - January 26th, 2026 [January 26th, 2026]
- Are you protesting? Here's what to know about your rights to protest under the First Amendment. - tallahassee.com - January 26th, 2026 [January 26th, 2026]
- Anti-ICE protesters disrupted worship in a Minnesota church. Heres why the First Amendment doesnt protect their actions. - FIRE | Foundation for... - January 26th, 2026 [January 26th, 2026]
- CARTOONS: What the First Amendment doesnt protect | Drawing Board | Opinion - reviewjournal.com - January 26th, 2026 [January 26th, 2026]
- OPINION In these crazy times: The First Amendment will outlive Trump - windycitytimes.com - January 26th, 2026 [January 26th, 2026]
- Man Is Shot and Killed During Minneapolis Immigration Crackdown, National Guard Activated - First Amendment Watch - January 26th, 2026 [January 26th, 2026]
- Perspective: When First Amendment rights collide with immigration enforcement - Deseret News - January 20th, 2026 [January 20th, 2026]
- Walking Brain Injury: Conservatives Mock Don Lemon for Claiming First Amendment Right to Storm Church - Mediaite - January 20th, 2026 [January 20th, 2026]
- LETTER FROM THE EDITOR: Using First Amendment rights responsibly... - Columbia Basin Herald - January 20th, 2026 [January 20th, 2026]
- ICE clashes with the First Amendment | Strictly Legal - Cincinnati Enquirer - January 20th, 2026 [January 20th, 2026]
- Ex-NAACP Leader Jim Vincent to Headline Inaugural Bankole Thompson First Amendment Lecture - FrontPageAfrica - January 20th, 2026 [January 20th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - yoursun.com - January 20th, 2026 [January 20th, 2026]
- VICTORY: Jury finds Tennessee high school students suspension for sharing memes violated the First Amendment - FIRE | Foundation for Individual Rights... - January 16th, 2026 [January 16th, 2026]
- Opinion | The Post and the First Amendment - The Washington Post - January 16th, 2026 [January 16th, 2026]
- So Much for Free Speech. A Year of Trumps Attacks on the First Amendment - Zeteo | Substack - January 16th, 2026 [January 16th, 2026]
- Houlahan and Bicameral Group Of Democrats Introduce Bill To Protect First Amendment Rights, Safeguard Americans From Politically Motivated Harassment... - January 16th, 2026 [January 16th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - Suncoast Searchlight - January 16th, 2026 [January 16th, 2026]
- ACLU and City of Rose Bud reach settlement protecting First Amendment right to petition - thv11.com - January 16th, 2026 [January 16th, 2026]
- First Amendment cases are rising. FSU Law is rising to the occasion - FSView & Florida Flambeau - January 16th, 2026 [January 16th, 2026]
- Press Freedom Advocates Worry That Raid on Washington Post Journalists Home Will Chill Reporting - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Pierce County Journal - January 16th, 2026 [January 16th, 2026]
- Democrats Say Trump Administration Is Investigating Them Over Video Message to Troops - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Coshocton Schools accused of violating First Amendment after teacher leads prayer - NBC4 WCMH-TV - January 16th, 2026 [January 16th, 2026]
- His SC hometown blocked him on Facebook after critical comment. He filed a First Amendment lawsuit. - Post and Courier - January 16th, 2026 [January 16th, 2026]
- Letters: Americans should not face death for exercising their First Amendment rights - Reporter-Herald - January 16th, 2026 [January 16th, 2026]
- Federal judge rules Creston teacher's first amendment rights were violated - KMAland.com - January 16th, 2026 [January 16th, 2026]
- Press Release: Murphy and Crow Introduce Bill to Safeguard First Amendment Rights and Combat Politically Motivated Harassment - Quiver Quantitative - January 16th, 2026 [January 16th, 2026]
- New Yorks Anti-SLAPP Act: An Unnecessary Chill on the First Amendment Right to Petition - Law.com - January 14th, 2026 [January 14th, 2026]
- Minnesota and the Twin Cities Sue the Federal Government To Stop the Immigration Crackdown - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- Man Convicted for Carrying Pelosis Podium During US Capitol Riot Seeks Florida County Office - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- 'At issue is the public right of access': First Amendment group savages Mar-a-Lago judge for 'incorrect' ruling over Jack Smith report, urges appeals... - January 11th, 2026 [January 11th, 2026]
- NYS AG: "Most extensive" First Amendment reforms ever approved in Saratoga Springs - WRGB - January 9th, 2026 [January 9th, 2026]
- Opinion | Jack Smith would have blown a hole in the First Amendment - The Washington Post - January 9th, 2026 [January 9th, 2026]
- Court rules University of Washington violated professors First Amendment rights - Campus Reform - January 9th, 2026 [January 9th, 2026]
- Law's Jonathan Entin and Eric Chaffee on first amendment rights and social media access for children - Case Western Reserve University - January 9th, 2026 [January 9th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Milwaukee Community Journal - - January 9th, 2026 [January 9th, 2026]
- Voting rights, First Amendment issues expected to be battles in Pierre - SDPB - January 9th, 2026 [January 9th, 2026]
- Teachers First Amendment rights - theacorn.com - January 9th, 2026 [January 9th, 2026]
- OPINION: The First Amendment and peacefully protesting - Big Rapids Pioneer - January 9th, 2026 [January 9th, 2026]
- Appeals court reviews excluded texts and alleged First Amendment claim in Tucker medicalmalpractice appeal - Citizen Portal AI - January 9th, 2026 [January 9th, 2026]
- Sen. Mark Kelly vows to fight for First Amendment amid Pentagon threats - USA Today - January 9th, 2026 [January 9th, 2026]
- Musk's X is joining a First Amendment fight over trans bathroom photo - USA Today - December 31st, 2025 [December 31st, 2025]
- Filming ICE agents is a First Amendment right. So why might it land you in jail? - Straight Arrow News - December 31st, 2025 [December 31st, 2025]
- Liberties Year in Review: First Amendment victories - wng.org - December 31st, 2025 [December 31st, 2025]
- Trump Administration Will Appeal Judges Order Reversing Federal Funding Cuts at Harvard - First Amendment Watch - December 25th, 2025 [December 25th, 2025]
- Housing, tourism and the First Amendment: Nevada editors reflect on the news year that was 2025 - KNPR - December 25th, 2025 [December 25th, 2025]
- FCC fights First Amendment and democracy itself - mronline.org - December 25th, 2025 [December 25th, 2025]
- First Amendment Stories of 2025: A Year in Review - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Trump tests the First Amendment: A timeline - CNN - December 22nd, 2025 [December 22nd, 2025]
- Professor Sanctioned by University for a Satirical Land Acknowledgment Wins First Amendment Case on Appeal - The New York Sun - December 22nd, 2025 [December 22nd, 2025]
- Trump Sues the BBC: First Amendment Analysis - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Madisons Lost First Amendment: The Mission Statement that Never Was - Jurist.org - December 22nd, 2025 [December 22nd, 2025]
- Let them sue: Iowa lawmakers scoffed at First Amendment in wake of Charlie Kirk shooting, records show - FIRE | Foundation for Individual Rights and... - December 22nd, 2025 [December 22nd, 2025]
- Pastor alleges Tarrant County judge violated First Amendment by removing him from meeting - Fort Worth Report - December 22nd, 2025 [December 22nd, 2025]
- Yes, the First Amendment Applies to Non-Citizens Present in the United States - Reason Magazine - December 22nd, 2025 [December 22nd, 2025]
- Gingrich: Going After People Who Have Been Radicalized Requires Rethinking Parts Of The First Amendment - Real Clear Politics - December 16th, 2025 [December 16th, 2025]
- [VIDEO] Jane Fonda Revives the Committee for the First Amendment - ACLU of Southern California - December 16th, 2025 [December 16th, 2025]
- Does The First Amendment Protect Supposedly Addictive Algorithms? - Hoover Institution - December 16th, 2025 [December 16th, 2025]
- Stop the gatekeeping. The First Amendment is for all of us - Freedom of the Press Foundation - December 16th, 2025 [December 16th, 2025]
- Why 'online speech is messy' when it comes to the First Amendment - WUSF - December 16th, 2025 [December 16th, 2025]
- Puerto Rico Governor Signs Bill That Critics Say Will Restrict Access to Public Information - First Amendment Watch - December 16th, 2025 [December 16th, 2025]