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Federal attacks on free speech are rightfully getting most of the headlines, but Georgia’s unprecedented attempt to prosecute dozens of “Stop Cop City” protesters as members of a racketeering enterprise was as frivolous as the worst of the Trump administration’s antics.

This week’s dismissal of conspiracy charges against these opponents of the Atlanta police training facility is welcome news. But it’s alarming that these charges lingered over 61 people’s heads for two years. And their ordeal likely isn’t over.

Ridiculous indictment

Rather than filing charges aimed at individual alleged acts of arson, vandalism, or other actual crimes, prosecutors tried to rope together dozens of activists into one sprawling case under the Racketeer Influenced and Corrupt Organizations Act. The indictment didn’t even attempt to connect the dots between most defendants’ constitutionally protected speech and a handful of defendants’ alleged bad acts.

Why would prosecutors want to do that instead of just charging the lawbreakers? Primarily, because the prosecution wasn’t intended to punish illegality but to kill a movement. Charging only those who broke actual laws wouldn’t achieve that aim, so they got to work making up new ones.

Secondarily, because they’re vindictive dirtbags. To prove it, they chose the date of George Floyd’s murder as the start date of their fabricated “conspiracy,” even though plans for Cop City hadn’t even been announced yet when Floyd was killed.

Prosecutors pointed to the defendants’ alleged anarchist political philosophy, their publications, their social media posts, their constitutionally protected recording of police, their use of encryption and VPNs to communicate securely, and even their holding news conferences and talking to reporters — all as “proof” that they were each part of a criminal enterprise.

The theory goes that, if one anarchist writes an essay about the environmental impact of Cop City and another anarchist sets a police car on fire, then both anarchists effectively struck the match together. Or something like that. It’s too incoherent to make any sense of.

Chilling effect on both journalists and sources

By the prosecution’s logic, journalists who covered the protests could be portrayed as helping to “advance” a RICO conspiracy simply by giving activists a platform. Write about the movement, and you (and your sources) might become part of the case file. This time, they only went after writers who participated in the Stop Cop City movement, but what about next time?

The harm extends beyond direct impact on reporters. Newsmakers and whistleblowers will surely be wary of talking to journalists if they know prosecutors view doing so — and particularly doing so securely via encrypted messaging — as an act in furtherance of a conspiracy.

This week’s win doesn’t undo the harm, either to free speech or to the defendants’ lives (many say they’ve been unable to find housing or jobs due to the long-pending case). The court’s forthcoming dismissal order seems likely to be limited to procedural grounds — prosecutors neglected to get required authorization from the governor to bring the charges. Deputy Attorney General John Fowler, the lead prosecutor on the case, said he’ll appeal.

Prosecutors must know they’re unlikely to ultimately secure a conviction, much less one that higher courts will uphold. Even if the appellate courts give them a path to get past this week’s procedural dismissal, they’ll still have to reckon with the Constitution and the fact that their legal and factual theories are as flimsy as they come.

But the longer they can stretch the case out, the longer uncertainty will linger about whether a law intended to counter organized crime can be distorted to stifle protest movements. And the more reluctant critics of Cop City will be to speak to journalists whose reporting might clarify the goals of their movement and contradict law enforcement narratives.

Plenty of experts have explained how RICO laws are rife with abuse, even when used for their intended purpose. The Cop City case makes clear that the need for reform isn’t just a criminal justice issue; it’s a free speech one as well.