They have committed to publicly defy a law, and so can’t easily make a case that they didn’t break the law. This is where the right of necessity comes into play. The right of necessity, or necessity defense, sometimes called, the “lesser evil” defense, is a defense used to justify the law breaking to prevent something worse from taking place. This defense is not always allowed.

photo from Just Stop Oil

   The practical implications of not being allowed to make a case for necessity is that the activist can not mention climate change, fossil fuels, or anything related to their topic. This takes their action out of context. In this case, a recourse of the Just Stop Oil movement was to place activists outside the court with placards that simply stated that the jury has the right to find a defendant not guilty based on their conscience.
   The typical strategy of lawyers is to create a “rule of law” atmosphere in these types of cases, and make the juror’s choice seem simple. However, the right of jurors to allow their conscience to be their guide in this situation is important, because we are talking about a non-violent protest to create a greater good. When jurors are given full information, they often acquit. So this attempt by the state is really nothing greater than an attempt to create a kangaroo court - one where the verdict is decided ahead of time, and all proceedings are arbitrary.

photo from Just Stop Oil

   The actions today of the 250 Just Stop Oil supporters to bring placards out is a challenge to the state, who’ve engaged in more and more repressive antics since 2018, when Extinction Rebellion first came on the scene. Think tanks have worked to erode the right to protest, and after a string of not-guilty verdicts, the sham of not allowing the necessity defense is more plain than ever. They are now trying to silence the peaceful action of holding up this one placard outside the court. The fight for climate justice becomes a fight for freedom.

photo from Just Stop Oil

   Dr Abi Perrin, a scientist, said, “In 2023 telling the truth is being treated as a criminal act, with people prosecuted for displaying facts in public, and imprisoned for explaining their motivations in their own defence in a court of law. I am deeply afraid of a world where truth, science and morality are not important, or where we are not free to fight for them.”
   Sarah MacDonald,56, said, “I love it that I can attend with my mother and my daughter, representing the power and continuity of Life, which we are all committed to serving and protecting.”
   Renee Slater, grandmother, 84, said, “The repression of legitimate protest must still, and always be resisted.”

photo from Just Stop Oil (picturing Trudi Warner)

Vivi MacDonald. granddaughter, 19, said, “The continuous measures by the government to limit protest are threatening everyone’s freedom and ability to take action or express their opinion based on our own conscience in the light of the urgent need for social, political and environmental change”

Join the Summer of Heat in NYC

The clock is ticking. That’s why The Summer of Heat, is taking joyful, relentless nonviolent direct action to end fossil fuel financing. Wall Street is bankrolling the coal, oil and gas companies that are polluting our communities and killing our planet. The Summer of Heat is set on stopping them. The Summer of Heat is going hard all summer long. Week after week. Month after month. The Summer of Heat is taking the party to the streets and won't stop.

Join the March on the DNC in Chicago

We are a coalition of organizations bringing our demands to the Democratic National Convention in Chicago in 2024!

• 12PM Monday August 19 - Union Park 1501 W. Randolph St
• 5PM Thursday August 22 - Union Park 1501 W. Randolph St