Is Protesting Synonymous with Racketeering? Rico's Expansive Reach Post-Now V. Scheidler

Abstract

This article examines how the Supreme Court’s decision in National Organization for Women v. Scheidler—which held that, under the Racketeering Influenced and Corrupt Organizations (RICO) Act, a racketeering enterprise does not need to have an economic motive to violate the Act—has the potential to allow protest activity to be classified as a predicate act. This issue presents a clash between white collar crime and Constitutional protections that remains timely today as there has been a call in the last year for RICO charges to be brought against protesters involved with Black Lives Matter (BLM) and Antifa. This article recommends that protest activity should be clearly defined as not being a predicate offense under the RICO Act unless and until the activity crosses a predetermined threshold where the conduct can no longer be protected by the First Amendment.

Keywords: RICO, racketeering, First Amendment, protest, white collar crime, Scheidler