Good Ruling, Bad Law : Court makes right call, but RICO is a worrisome grab bag

The Supreme Court’s unanimous decision Monday permitting use of a federal anti-racketeering law against anti-abortion protesters sends two strong and clear messages.

The first: Militant groups such as Operation Rescue that try to blockade clinics and harass women seeking abortions could be engaging in a conspiracy even though they are motivated by moral or political principle rather than financial gain. In light of the ruling, these protest groups should now finally acknowledge that their First Amendment right to express their opposition to abortion does not extend to physical intimidation or violence.

The second: A congressional review of the Racketeer Influenced and Corrupt Organizations Act is very much in order. The 1970 statute was originally directed against the conspiratorial activities of the so-called crime families. However, the law is so loosely worded that any two instances of illegal conduct within a 10-year period can, if they involve telephones or mail, be prosecuted as a pattern of racketeering activity. The RICO act has been invoked against Chicago commodity brokers, Los Angeles slumlords, Wall Street financiers and Huntington Beach traffic cops. Absurd.

Not surprisingly, some RICO prosecutions under this vague and excessively broad statute have impinged on the due-process rights of defendants. Critics charge they also have led to prison sentences and assessments of damages far beyond the bounds of fairness.

Congress is moving to eliminate any doubt that might remain about the legality of violent anti-abortion protest. Both the House and the Senate have passed versions of the Freedom of Access to Clinics Act and soon will consider a conference version. Congress should now turn its attention to RICO.