When the U.S. Supreme Court this week unanimously declared that federal racketeering laws (RICO) could be used as a basis for lawsuits against protesters around abortion clinics, the justices did more than just give the clinics a powerful legal weapon against their foes.
Unhappily, the verdict also legitimizes the already growing use - or misuse - of RICO in myriad ways that have nothing to do with racketeering. Militant protest and perhaps even free speech are now exposed to new and far-reaching dangers.In their narrow decision, the justices did not resolve any particular lawsuit. In essence, they ruled that lawsuits could be filed under RICO even if there is no economic issue involved.
The 1970 RICO law originally was aimed at attacking the business and financial holdings of organized crime, as is clearly indicated by its name - the Racketeer Influenced and Corrupt Organizations Act.
But the law was vaguely written and has since been seized upon for use in landlord-tenant squabbles, business disputes and almost any conflict imaginable - none of which have anything to do with racketeering as the word is commonly understood to involve gangsters.
Even some observers who hailed the Supreme Court decision as a welcome victory for abortion rights acknowledged the possibility of abuse.
While cheering the decision, the Detroit Free Press also warned that RICO should be "applied with discretion. The aim should be not to suppress the right of legitimate protest and of free speech." The American Civil Liberties Union said the ruling was not a threat to free speech "if carefully used."
But depending on someone's caution and fairness not to use the law irresponsibly is naive. Groups with strong opinions can be expected to take advantage of every legal weapon at hand, not only to protect themselves but in some cases to weaken or silence their foes.
It is not necessary to even win court cases. The mere filing of RICO lawsuits or just the threat of such lawsuits - with their possible triple damages - have a chilling effect on anti-abortion campaigns and other protest movements.
Of course, violence against women or doctors or property at abortion clinics is unacceptable. So are physical threats or outright interference with entry into such places. But those can be dealt with under other laws.
Congress should amend the RICO law so that it meets its original intent - dealing with racketeers.