Civil Resistance: The Dictates of Conscience and International Law Versus the American Judiciary

This essay traces the evolution of civil resistance in the United States and argues for judicial recognition of the applicability of the necessity defense for civil resisters. Initially, the history of civil disobedience in the United States and the theory of Gandhian civil disobedience are outlined. The response of courts in rejecting attempts to justify such protest activities is then described; and American courts’ rejection of the necessity defense to justify formally illegal acts of protest is criticized.