FOR IMMEDIATE RELEASE:
July 16, 2003
Contact: South Bay Mobilization, 408-998-8504

LOCKHEED MARTIN ATTACKS
FREEDOM OF SPEECH !

Lockheed Martin Protest Trials Begin Thursday
Civil Rights Advocates Say Court-Ordered Restitution to Lockheed an Assault on Democracy

Press Conference: July 17, 2003, 1:00 pm, Thursday
Sunnyvale Courthouse, 605 West El Camino Real, Sunnyvale, CA

This Thursday, July 17th, marks the beginning of a unique legal battle over the public's right to free speech: specifically, whether corporations have the right to charge protesters for added security and other costs companies incur in anticipation of a demonstration.

Anti-war demonstrators over the past few months have focused their protests on corporations which they view as directly profiting from the most recent war on Iraq. One such corporation is Lockheed Martin, the largest manufacturer of nuclear weapons and ballistic missiles in the US, with close ties to the Bush administration. Fifty-two protesters were arrested at the demonstrations at Lockheed Martin on April 22, 2003. A pre-trial conference pertaining to these arrests will be heard on Thursday, July 17, with the trials most likely continuing into the fall.

Working with the Santa Clara County District Attorney, Lockheed Martin is seeking an unprecedented legal penalty through the criminal justice system: reimbursement for what the company represents as costs it incurred preparing for the demonstration. These costs amount to over $41,000, and include a claim for additional security hired for the day of the protest and legal fees Lockheed incurred after filing a failed motion to block the protest from occurring in the first place.

The implications of the restitution penalty are of grave concern to both protesters and civil rights groups, who worry that this case could set a dangerous legal precedent that would deeply discourage people from exercising their First Amendment rights.

"The threat of restitution could effectively stifle public protest of corporations’ unscrupulous or illegal actions. U.S. citizens have a right to engage in protest to expose a company's manufacturing of weapons so insidious they have been banned by the UN, and for bilking the American taxpayer for billions of dollars. If Lockheed Martin wants to avoid public outrage, it should stop behaving outrageously - instead of trying to stifle criticism by charging protesters for free speech," said Sitara Kapoor, a social worker who was arrested at the April 22 protest.

Though Lockheed claims it spent over $15,000 in security costs, protesters assert that these costs were unnecessary, because prior to the demonstration organizers engaged in a cooperative dialogue with local law enforcement authorities to ensure a non-violent, non-destructive day of protest. Indeed, no physical damage or violence was present during the April demonstration.

Defense attorney Dan Mayfield stated, "Charging a group of arrestees for the costs a company predicted they would incur in anticipation of a protest is ridiculous. What if Lockheed had hired $15,000 worth of extra security and no protesters showed up? Who would receive the bill? There is no logical basis for Lockheed Martin to claim restitution from protesters for arbitrary security costs.”

Organizers from South Bay Mobilization and Direct Action to Stop the War, with allies from civil rights organizations and community members, are organizing a press conference in support of the Lockheed 52 and of free speech. The press conference will be held at the Sunnyvale Courthouse on Thursday July 17, at 1pm. The protester’s legal counsel will also be present for questions.