Teaching and Learning Guide for: ‘Securitizing America: Strategic Incapacitation and the Policing of Protest Since the 11 September 2011 Terrorist attacks’

Abstract

Author's introductionPeople participate in social movements and protest events in part to pressure elites and institutions to alter the reward structure within society. When attempting to pressure their targets, activists are often confronted by the state. Whether the state is a target of protest or not, it oftentimes engages those seeking to promote extra‐institutional change. Within democratic societies, police are charged to maintain social order and protect the rights of those expressing dissent. Because of this dual charge and a variety of political, social, and economic factors, police have adopted strategies or repertoires of social control for policing protests. These repertoires can facilitate, channel, or prevent protest from occurring. A growing scholarly consensus suggests that since the 1990s, authorities in the United States and other democratic states have shifted how they react to protests. Until the 1970s, police often utilized what scholars call the ‘escalated force’ protest control repertoire. During this era, police saw protest as an illegitimate form of political expression. They placed a low priority on freedom of speech and assembly and often used excessive force and widespread arrests when dealing with protesters. In the 1970s to 1990s, police developed what is called ‘negotiated management’ to respond less confrontationally to protesters. This repertoire relied on a permitting process to facilitate police and protester efforts to negotiate the time, place, and manner of protest activities in ways satisfactory to both protesters and police. Police placed a premium on protecting freedom of speech and assembly and tolerated community inconveniences related to large rallies, marches, and the occasional staged arrest. They used violence and arrests as a last resort and only for significant violations of the law. However, following the disruptive 1999 Seattle WTO protests and the new cycle of global protests that followed, law enforcement agencies around the United States and in other western democracies began developing and adopting the ‘strategic incapacitation’ repertoire of protest control. With strategic incapacitation, police selectively protect civil liberties and selectively tolerate community disruption, and they seek to incapacitate protests through the use of less‐lethal weapons and preemptive arrests, extensive control of public space, reliance on ‘new surveillance’ technologies, and the elaborate control of information. In the United States, the development and adoption of this new style of policing accelerated after the 11 September 2001 terrorist attacks as authorities embraced a risk management approach to identify and neutralize potentially disruptive events, such as large demonstrations.Author recommended books and edited volumes Boykoff, Jules. 2007. Beyond Bullets: The Suppression of Dissent in the United States. : . Boykoff's book explores how the U.S. government, with assistance from federal, state and local law enforcement regularly disrupted protest movements in the 20th Century. It catalogues various forms of suppression employed by authorities from the use of direct violence, surveillance, and infiltration to the use of less direct means of mass media manipulation and demonization. Chapter 1 includes a good introduction to social movements and dissent/resistance, and the concepts of repression and suppression. Davenport, Christian, Hank Johnston and Carol Mueller (eds.) 2005. Repression and Mobilization. : . This compilation of essays on repression and resistance provides a broad lens for understanding the various ways that state power is exercised against social movements. Davenport's introductory chapter helpfully evaluates the broader field of repression and recommends ways to advance it. della Porta, Donatella and Herbert Reiter (eds.) 1998. Policing Protest: The Control of Mass Demonstrations in Western Democracies. : . This collection of essays consolidates some of the best thinking of the time on protest policing. Together, it provides a comparative historical, institutional and cultural analysis of protest policing across a variety of democratic nations. The contributors explore recent trends in the evolution of protest policing, such as whether protest policing has become ‘softer’ and the causes and consequences of such changes. The introductory chapter identifies important variables that define the style of protest policing employed and provides a useful model to explain the different styles. The second chapter by McPhail, Schweingruber and McCarthy introduces ‘negotiated management’ to the scholarly lexicon and has become one of the most influential writings on protest policing. This book should be at the top of your reading list on the topic. della Porta, Donatella, Abby Peterson and Herbert Reiter (eds.) 2006. The Policing of Transnational Protest. : . This collected works is a follow up to della Porta and Reiter's earlier volume described above. It explores changes in protest policing in western democracies that parallel the rise of transnational protests in the late 1990s and early 2000s. Contributors analyzed policing efforts at protests coinciding with various international summits and other large protest events. Collectively, they investigated the question of whether a new era of policing is emerging to replace the softer styles of protest policing identified in the earlier volume. Individually, authors explored a variety of topics including the transnational character of the protests and of the police effort to control these protests, how adoption of a ‘new penology’ paradigm within the U.S. criminal justice influenced police adoption of strategic incapacitation, and the negotiation practices used by police and activists and problems that can occur during negotiations. A concluding chapter identifies a typology of coercive, persuasive and information strategies used by police across nations to control transnational protests. Fernandez, Luis A. 2008. Policing Dissent: Social Control and the Anti‐Globalization Movement. : . Fernandez applies a Foucauldian view of social control to explain the police repression of alterglobalization protests in the early 2000s. The book provides an overview of the alterglobal movement and shows how police used legal means to limit protest and physical and psychological strategies to control public space. Marx, Gary T. 1988. Undercover: Police Surveillance in America. : . Marx provides a late 1980s look into the then emerging forms of surveillance used by U.S. law enforcement. The first half of the book discusses the history of police surveillance and provides a classification schematic for how surveillance is used by police. The second half of the book identifies the intended and unintended consequences of police use of undercover surveillance. It is still widely cited and it is recognized by many as providing the blueprint for understanding and exploring ‘new surveillance’ (see concluding chapter). Meyer, David S. 2007. The Politics of Protest: Social Movements in America. : . Meyer provides a concise introduction to social movements drawing extensively from the U.S. peace and antiwar movements to illustrate his points. Included are discussions on the major social theories and chapters on protester tactics. Stark, Rodney. 1972. Police Riots: Collective Violence and Law Enforcement. : . This is one of the first scholarly books to recognize the tension police experience between maintaining order and protecting civil liberties. Previous works had tended to show protest policing uncritically and as a necessary response to unruly crowds. This work examines policing response to protest highlighting the escalated force model. Starr, Amory, Luis A. Fernandez and Christian Scholl. 2011. Shutting Down the Streets: Political Violence and Social Control in the Global Era. : . This book maps efforts by the state to control social movements in a global age. Written by activist‐scholars, the research draws from participant observations made at 20 major alter‐global protest events held during major global summits over the last decade. The book explores the spatial dynamics, political economy and police violence associated with efforts to repress those opposing aspects of the global political‐economic order. A concluding chapter explores activist resistance to the social control of dissent employed by the authorities. Tilly, Charles. 1978. From Mobilization to Revolution. : . This is a foundational book in social movement studies. In it Tilly introduces the core concepts of repression and contentious repertoires. Waddington, David P. 2007. Policing Public Disorder: Theory and Practice. : . Waddington explores public order policing across a variety of events, from commodity riots and hooliganism to labor and global protests. The first two chapters provide a detailed exploration of theories and debates within the public order policing literature, including various approaches to policing and theories on the causes of public disorder. The remainder of the book adeptly uses the theories covered earlier and other scholarly works to analyze the policing of these differing types of events.Online materialsLaw enforcement related: Department of Homeland Security (DHS) http://www.dhs.gov/ Department of Justice (DOJ) http://www.justice.gov/ Federal Bureau of Investigation (FBI) http://www.justice.gov/ International Association of Chiefs of Police http://www.theiacp.org/ Police Executive Research Forum (PERF) http://www.policeforum.org/Civil liberties and independent media related: American Civil Liberties Union (ACLU) http://www.aclu.org http://www.aclu.org/maps/spying‐first‐amendment‐activity‐state‐state Independent Media Center (IMC) http://www.indymedia.org/en/ National Lawyers Guild (NLG) http://www.nlg.org/ Partnership for Civil Justice Fund http://www.justiceonline.org/Academic related: WTO History Project http://depts.washington.edu/wtohist/ Dynamics of Collective Action Project http://www.stanford.edu/group/collectiveaction/cgi‐bin/drupal/SyllabusTopics for lecture and discussionIntroduction, issues, and problems (2 weeks)Definitions, problems, and issues: What is the role of police in a democratic society? What is the tension or paradox between police as protectors of democracy and simultaneously potential threats to democracy? What are civil liberties? What is public order policing? How has US policing become militarized, and what are the consequences of this trend? What is ‘broken windows’ theory, and how has it shaped law enforcement practices in general?Readings: Kraska, Peter and Victor E. Kappeler. 1997. ‘.’ Social Problems 44():1‐18. Marx, Gary T. 2001. ‘.’ Policing, Security and Democracy: Theory and Practice, Vol. 2 edited by and . : . Available online at http://web.mit.edu/gtmarx/www/dempol.html (last accessed 1 July 2013). Vitale, Alex. 2005. ‘.’ Policing and Society 15():99–124. Waddington, David P. 2007. Policing Public Disorder: Theory and Practice. : . (Chapter 1 and selections.) Wilson, James Q. and George L. Kelling. 1982. ‘’ The Atlantic (March). Available online at http://www.theatlantic.com/magazine/archive/1982/03/broken‐windows/304465/ (last accessed 1 July 2013).Social movements and protest (2 weeks)What is a social movement? What are contentious repertoires and protest tactics? What are the similarities and differences between direct action tactics and civil disobedience tactics? What are protest events? What methods do researchers use to study these events? What are the basic assertions of collective behavior, resource mobilization, political process/political opportunity, framing, and new social movement theories?Readings: Benford, Robert D. and David A. Snow. 2000. ‘.’ Annual Review of Sociology 26:611–639. Buechler, Steven M. 2005. ‘.’ The Sociological Quarterly 36():441–464. Diani, Mario. 1992. ‘.’ The Sociological Review 40():1–25. Edwards, Bob and John D. McCarthy. 2004. ‘.’ Pp. 116–152 in The Blackwell Companion to Social Movements edited by , and . : . Koopmans, Ruud and Dieter Rucht. 2002. ‘.’ Pp. 231–259 in Methods of Social Movement Research, edited by and . : . Meyer, David S. 2003. ‘.’ Social Movement Studies 2():17–35. Taylor, Verta and Nella Van Dyke. 2004. ‘.’ Pp. 262–293 in The Blackwell Companion to Social Movements edited by , and . : .Policing of protest–the basics and additional concepts (2 weeks)What is repression, and what constitutes a theory of repression? When does policing of protest become repressive? What is COINTELPRO, and how has the FBI and other law enforcement agencies historically undermined or facilitated US social movements? How do contained and transgressive protesters differ? How does police knowledge influence police response to protest? What aspects of globalization impact police response to protests? What are the ‘flash points’ that lead to escalated police responses? What other factors shape police responses to protest?Readings: Boykoff, Jules. 2007. Beyond Bullets: The Suppression of Dissent in the United States. : . (Chapter 1 and selections.) Cunningham, David. 2003. There's Something Happening Here: The New Left, the Klan, and FBI Counterintelligence. : . (Chapter 1 and selections.) della Porta, Donatella and Herbert Reiter. 1998. ‘.’ Pp. 1–32 in Policing Protest: The Control of Mass Demonstrations in Western Democracies edited by Donatella Della Porta and Herbert Reiter. : . Della Porta, Donatella. 1988. ‘.’ Pp. 228–252 in Policing Protest: The Control of Mass Demonstrations in Western Democracies edited by and . : Earl, Jennifer and Sarah A. Soule. 2006. ‘.’ Mobilization 11():145–164. Ericson, Richard V. and Aaron Doyle. 1999. ‘.’ British Journal of Sociology 50():589–601. Earl, Jennifer. 2003. ‘.’ Sociological Theory 21():44–68. Earl, Jennifer. 2011. ‘.’ Annual Review of Sociology 37:261–284. King, Mike and David Waddington. 2005. ‘.’ Policing and Society 15():255–82. Marx, Gary T. 1979. ‘.’ Pp. 94–125 in Dynamics of Social Movements: Resource Mobilization, Social Control, and Tactics, edited by and . : . Tilly, Charles. 2000. ‘.’ Mobilization 5(): 135–159. Wahlström, Mattias. 2007. ‘.’ Mobilization 12():389–402.Policing of protest–negotiated management (1 week)What are the general aspects of the ‘negotiated management’ style of protest policing? How does it differ from ‘escalated force’? What are the shortcomings of negotiated management?Readings: Earl, Jennifer, Sarah A. Soule and John D. McCarthy. 2003. ‘.’ American Sociological Review 68():581–606. Gorringe, Hugo and Michael Rosie. 2008. ‘.’ British Journal of Sociology, 59(): 187–205. Gillham, Patrick F. and John A. Noakes. 2007. ‘.’ Mobilization 12():341–357. McCarthy, John D. and Clark McPhail. 1998. ‘.’ Pp. 83–110 in The Movement Society: Contentious Politics for a New Century, edited by and . : . McPhail, Clark, David Schweingruber and John D. McCarthy 1998. ‘.’ Pp. 49–69 in Policing Protest: The Control of mass Demonstrations in Western Democracies, edited by and . : .Policing of protest–command and control, Miami model, and strategic incapacitation (2 weeks)How do the ‘command and control’ and ‘Miami model’ styles of policing differ? What are the basic characteristics of ‘strategic incapacitation’? How does strategic incapacitation compare to command and control and the Miami model?Readings: Noakes, John and Patrick F. Gillham. ‘.’ Pp. 97–115 in Policing Political Protest After Seattle, edited by , and . : . Noakes, John, Brian Klocke and Patrick F. Gillham. ‘., September 29‐30, 2001.’ Policing and Society 15(): 235–254. Vitale, Alex S. 2005. ‘.’ Policing and Society 15():283–304. Vitale, Alex S. 2007. ‘.’ Mobilization 12()403–15.Control of space, surveillance, and info control (1‐2 weeks)What are repertoires of protest control? What are public spaces of dissent, and how do police respond to dissent in these spaces? What are the different zones of spatial control, and how do they differ? What is ‘new surveillance’, and how is it employed by police to control protest? What are fusion centers, and how do they operate to both consolidate and disseminate information? In what ways do police control information about production and dissemination of information about protesters and about police themselves?Readings: Gillham, Patrick F. 2011. ‘.’ Sociology Compass 5():636–652. Gillham, Partrick F., Bob Edwards and John A. Noakes. 2013. ‘.’ Policing and Society 23():82–103. Marx, Gary T. 2004. ‘.’ Knowledge, Technology, and Policy 17():18–37. Newkirk, Anthony B. 2010. ‘.’ Surveillance and Society 8():43–60. Roberts, John Michael. 2008. ‘.’ Sociology Compass 2(): 654–674.Dynamics of policing and protesting (1 week)How do interactions between police and protesters impact protest policing efforts? What ironies emerge from police and protester interactions?Readings: della Porta, Donatella and Sidney Tarrow. 2012. ‘.’ Comparative Political Studies 45():119–152. Gillham, Patrick F. and Gary T. Marx. ‘.’ Social Justice 27():212–236. McPhail, Clark and John D. McCarthy. 2005. ‘.’ Pp. 3–32 in Repression and Mobilization edited by , , and . : .Intended and unintended consequences of protest policing (1‐2 weeks)What are the intended and unintended consequences of protest policing? How does protest policing impact activists, social movements, and democracy? What characteristics of the new styles of protest policing are spilling over into policing of other social phenomena?Readings: Boyle, Phillip and Kevin Haggerty. 2009. ‘.’ International Political Sociology 3:257–274. Cunningham, David and John Noakes. 2008. ‘.’ Pp. 175–197 in Surveillance and Governance: Crime Control and Beyond (Sociology of Crime Law and Deviance, Volume 10), edited by and Jeffrey T. Ulmer. : . Earl, Jennifer and Sarah A. Soule. 2010. ‘.’ Pp. 75–113 in Research in Social Movements, Conflicts and Change (Research in Social Movements, Conflicts and Change, Volume 30), edited by in . : . Starr, Amory, Luis Fernandez, Randall Amster, Lesley Wood and Manuel J. Caro. 2008. ‘.’ Qualitative Sociology 31:251–270. Wood, Lesley J. 2007. ‘.’ Mobilization 12():377–388.Focus questions What challenges do researchers interested in studying social movements and the policing of protest face and why? What methodologies do researchers use to study the policing of protest events? What types of data are generated by these methodologies? What are the strengths and limitations of each methodology and the data collected using each methodology? What is the police‐democracy paradox? How are police both defenders of democracy and simultaneously a potential threat to democracy? What is protest policing, and how has it changed over the years? What are the central dimensions on which researchers study the different styles or repertoires of protest policing? What dynamics and processes drive changes in the development of protest policing repertoires, and what factors influence the choice of repertoires employed by police when controlling dissent? What are the consequences of protest policing on democracy, activists, social movements, and the institution of law enforcement? To what extent are changes occurring in the policing of different types of social phenomena like the Olympics, World Cup, and presidential inaugurations? What are the similarities or differences to changes occurring in protest policing?