Twelve protestors and two journalists were arrested today after protestors staged a non-violent protest on a Massey Energy mine site near Twilight, WV.  Four of the protestors were trained climbers who scaled the 300 foot boom of a dragline to unfurl a banner demanding an end Mountain Top Removal coal mining. The other eight protestors opened a large banner on the ground which read  “Stop Mountain Top Removal. Clean Energy Now.”  This was the latest action in an ongoing campaign to end MTR (Mountain Top Removal) coal mining.  MTR is the unconscionable practice of mining which blasts the tops off of mountains to reach the coal below, frequently reducing the elevation of the mountain by hundreds of feet.  The blasted rock (overburden) is pushed into adjacent valleys to create “valley fills” which clog and contaminate the headwaters of streams and forever alter and contaminate watersheds.

I am one of the two journalists who were arrested.  We were charged with Trespassing and Conspiracy.  All of our cameras were confiscated as “evidence of a conspiracy”.  Also confiscated were my wallet, house and car keys, cell phone, medicine, voice recorder and my entire camera bag with all my gear.  We were held by the Boone County Sheriff department for twelve hours pending arraignment and a $500 cash only bail.  During our arrest we were allowed only water and were not allowed to eat even though someone brought fruit and other snacks for us.  The other journalist and I asked on at least three separate occasions each to please be allowed to put our equipment back in the bags to protect the cameras.  Our requests were denied.

After our release, we continued to ask for the return of our equipment but were repeatedly denied.  We were only given our driver’s licenses and told again that our equipment and personal items were being held as evidence in a conspiracy case.

Such is the state of affairs in the US today.  Many people will cite the Constitution, but few truly realize the incredible importance of this document.  The founding fathers of this country were considered radicals, rebels and trouble makers in their time.  They were hated by the status quo of England.  Few of us realize the depth of their integrity, intelligence and commitment to the new nation they dreamed of creating.  The First Amendment to the Constitution guaranteed the right to freedom of speech, a free press, and the right to peaceful assembly to redress grievances before the government.  The Founding Fathers recognized the importance of checks and balances, not only within the government, but throughout the population.  A free press was (and continues to be) an important element within this system of checks and balances.  It insures the citizens that they are able to obtain and disseminate information without government intervention or control.  Without this freedom, the people are left with only the information their government deems necessary or important.  There can be no democracy without freedom of the press. 

An arrest for trespassing is one thing, but confiscating a journalist’s equipment is tantamount to obstruction of the First Amendment.  It is counter to the Constitution which all citizens of this country hold sacred and the Constitution which our government is entrusted to uphold and protect.  The presence of journalists is important to insure that matters of utmost importance are made available to the citizens.  Secrecy and democracy are two diametrically opposing principles.

I accept the charge of trespassing in the technical sense of crossing an invisible line in the sand.  However, I am adamantly opposed to the principle that property boundaries should create a safe haven for the abuse of the citizens of our nation in particular, and/or the citizens of Planet Earth in general.

If trespassing involves the crossing of property lines, I would offer that the coal industry has trespassed against the citizens of Appalachia by contaminating and destroying the water which flows across many properties, by setting off explosions which damage nearby homes and by permanently destroying an ecosystem that supports life on this planet.

Yes, I know, many people will argue that MTR is a “legal” practice.  Let me remind you that “legal” isn’t necessarily “right”.  It wasn’t so long ago in this country that is was legal to own slaves.  It was legal to exclude people of color and women from the right to vote. It was legal to practice segregation.  The founding fathers of this country knew that any legal system would be fragile and imperfect, at best.  In their understanding of this, they created a system whereby laws that were found to be harmful or detrimental to the citizens could be changed and/or interpreted for the greater good.  We have come a long way in this system, but we still have a long way to go.  Regardless of your position toward MTR, the erosion of our Constitution is a threat to ALL citizens of this country.  This is no time to rest on our laurels and give up the challenge to “create a more perfect union.”

Video footage is available here:

http://climategroundzero.org/