Political Trials and Resource Mobilization: Towards an Understanding of Social Movement Litigation

Abstract

This paper integrates recent approaches to the study of social movements and of litigation by examining the use of the courts during times of social unrest. Litigation is one of several strategies available to social movements and their adversaries in the struggle for political power. After suggesting the potential and limits of social movement litigation, the paper examines political trials as one form of litigation, locating their origins in attempts to affect the distribution of resources important for the success of protest group efforts. Emphasis is placed on the jury and the press as two distinctive features of American democracy that affect decisions by social movement members to use the courts and also shape subsequent proceedings and outcomes. Finally, the paper discusses several lines of inquiry for future research. Recently the study of social movements has moved beyond the limitations of traditional, social-psychological perspectives on collective behavior that viewed social movements as generally irrational phenomena arising out of shared frustration and discontent with existing conditions (for example Gurr; Gusfield; Smelser; compare Gamson). In contrast, recent works have taken a more dynamic approach to the study of social movements, examining among other issues the strategic problems of having to appeal to various constituencies (Lipsky) and the tactics used by state officials and business interests to control insurgent efforts (Jenkins and Perrow). These developments reflect the resource mobilization approach employed in recent studies (McCarthy and Zald; Oberschall). In this view the aggregation and use of resources of many types are critical to the success of