Analyze

The article is supported by additional articles that examine the constitutionality of Critical Infrastructure Bill in Louisiana. The article is supported in its claim that the statute can be argued as legislativley motivated as the critical infrastructure bills arose after the Dakota Acess Pipeline protest and the Lousiana revised Bill came after the Bayou Bridge Pipeline protest. The article is additionally supported in analysis of additional critical infrastructure bills from other states, such as Texas, Dakota, etc. 

The methods/Theories used to produce claims of violations of First amendment and Due Process from the Revised statute are taken from Modern First Amendment Doctrines and approaches. The article as well utilizes previous court cases and their decisions to guide the analysis.

In terms of the Due Process Clause violation, the article states that any statue is in violation of the Due Process Clause if the statute is so standardless that is encourages or authorizes discriminatory enforcement. 

In terms of the First Amendment, the article estabilishes first how the United States Supreme Court analyzes cases that contest the First Amendment. Their are three theories introduced that support the first amendment, if a law is found to be prohibiting these theories, a case can be made that it violates the First Amendment. These theories include: "self-realization", "marketplace of ideas", and "democratic value". To determine wether the regulation effects a speaker or the marketplace two models are used: "speaker based" and "audience based". These are used to determine wether the statute will effect the public discourse or the individual. In the end, the article argues how each of these three theories are violated and therefore the statute is in violation of the First Amendment. 

The article as well looks at how the Supreme Court uses a "tiered-scrutiny" approach when analyzing the constitutionality of statutes. This allows the court to apply a different standard based on if the statute is content neutral or content based. Any content based statue is unconstitutional as it prohbits a certain type of speech. When a statute is content neutral, the court must provided evidence that the statute was content motivated. 

"The modifications to Louisiana Revised Statutes section 14:61 seem to be a direct response to the Bayou Pipeline protests for four reasons. First, this is evidenced by the addition of pipelines to the definition of "critical infrastructure" protected by the statute, as well as the creation of heightened penalties aimed at deterring those speaking out against the further construction of pipelines within the state. Second, the arrest of protestors were made within weeks of the modification of the statute, supporting the contention that the legislature made these changes to silence protestors. Third, a sponsor could [...] potentially have a personal motive [...] as energy and natural resource companies are his or her leading campaign donor [...]. Finally, the national trend of statutes protecting critical infrastructure which arose after the Dakota Access pipeline protests seems to suggest that the fear of opposition toward pipeline construction is what led the Louisiana Legislature to amend section 14:61" (Pg. 18). 

This quote describes the arguments that can be made in regards to proving motivation behind the legislative revisions. Despite the statute is content neutral, the motivations behind the statute prove that the statute be upgraded to strict scrutiny. 

"By suppressing the speech of those opposing pipeline construction within the state, the government restricts the ability of citizens to articulate their desires, inherently excluding them from the political process of making changes within their community and perpetuating their plight." 

"Though some regulations of conduct are permissible, it is impermissible for the legislature to suppress the expressive conduct of those opposing the Bayou Bridge pipeline construction, as this suppression results in a governmental distortion of public debate and offends the democratic system."

These quotes demonstrate how the statute can be held in violation of the first amendment. 

The main argument presented in the article states that the Louisiana Revised Statute section 14:61 of the Louisiana Critical Infrastructure Bill should be revoked as it is impermissibly in violation with the First Amendment and the Due Process Clause of the Constitution. The article notes the timing and vagueness of the additions to the infrastrutcure bill to be discriminatorily motivated towards silencing a certain type of speech. The Revised Infrastructure Bill included the addition of "pipelines", both in construction and operating as apart of the definition of "critical infrastructure". The revised bill estabilished a strict penalty of jail for no more than 20 years or fine of no more than $25,000. The revision followed the Bayou Bridge Pipeline construction protests. The article argues for the regulation to be held under strict scrutiny under the law as, though it is content-neutral, the legislative motive appears to be content-based. An analysis is appropriate to conduct despite being content neutral. As well, the article argues that the new regulation silences speech, in violation with the first amendment. Noted in the article, First amendment arguments fall into three theories or categorizes: "self-realization" theory, "marketplace of ideas" theory, and "democracy" theory. The article argues that all three theories that enable the preservation of the first amendment are violated through the revised bill sections. The statute distorts the marketplace of ideas as it enforces such a harsh punishment, is standardless, and vague that it has the effect of creating self-censorship. Without access to dissenting ideas in opposition to the pipelines, this deprives the public from the marketplace of ideas but also denies them from self realization in creating their own opinions from the opposining ideas around them. Finally, the statue is argued to deny democracy in that it restricts the publics ability to share their desires for their communties, excluding them from the political process, denying them a democratic process to voice an opinion. The article goes on to propose ways in which the courts can fix their practices in reviewals of Due Process and First Amendment legal cases. 

Characterization of loss from Vietnam’s Ministry of Agriculture & Rural Development (2018) within the Evaluation report on 10-year implementation of the national policy for ‘agriculture-farmer-rural’ development [ not available for public view] 

• “ Aquaculture households have lost 503.2 million VND (21,665 USD) per household, then fishing households 231.3 million VND (9958 USD) per household, and coastal service households 102.0 million VND (4392 USD) per household. Note that both fishing and fish farming households lost similar por- tions of their total income, around 98 percent, even as fish farmers earn twice that of fishers on average. In a country where the average yearly income of rural households is 130 million VND or 5600 USD (MARD, 2018), losing an average of 11,000 USD per household is significant.” (Truong et al., 2021, p 8). 

Characterization of the compensation schemes adopted by Vietnam’s government:

• “According to a report by the Ministry of Finance in 2018, the government was able to provide direct cash compensation to those identified as being impacted across the four provinces. This is because of the settlement with Taiwan Formosa Plastics for 500 million USD. In addition to cash, the Vietnamese government gave over 19,000 tonnes of rice to impacted households in the months following the fish kill. The government also monitored the safety of the ocean environment. As the government switched from emergency relief to recovery support, more programmes were introduced including loan access, scholarships for students, health insurance, and livelihood training pro- grammes. The government also worked with the Fisheries Department and other relevant agencies to build environmental monitoring systems, provide consistent water testing, engage in food safety monitoring, and work towards ecological rehabilitation of aquatic stocks” (Truong et al., 2021, p 10). 

“Environmental disasters have a tendency to further increase work precarity, particularly in places that are highly dependent on eco- logical resources (Marschke et al., 2020). Livelihoods, as such, may need to transform rather than persist in the face of crises (Alexander, 2013).” (Truong, 2021, pg 3)

“ Vietnam has struggled with ineffective environmental regulatory programmes or insufficient enforcement capabilities to ensure adequate protection of the environment as Vietnam develops (Fortier, 2010). Environmental impact assessments (EIA), in general, are viewed as bureaucracy rather than as an important aspect of the development approval process (Wells-Dang et al., 2016).” (Truong, 2021, pg 4)

The narrative of the text highlights the following key points extrapolated from survey responses and interview participants:

• Impacts of the Formosa disaster on households vary by livelihood strategies, and were particularly amplified for poorer households, women, and households without diversified livelihood strategies. 

• Coping mechanisms of households primarily involved reducing household expenditures, accessing loans, adopting a new livelihood strategy, and expanding existing livelihood strategies. However, adoption rates of these coping mechanisms vary across households with livelihoods across the service, fishing, and fish farming enterprises. 

• Compensation, though cited to have ignited protests from parties not qualified for restitution, did offer substantial help to those who were able to receive compensation. Additionally, compensation delivery was delayed (between one to two years after the incident was reported), further escalating impacts across families without savings. 

• Economic recovery of household income 30 months after the Formosa incident indicates that the majority of households have recovered their livelihood activities. However, this does not take into account families who are no longer in the region (out migrated following the disaster prior to the inception of this study).

Authors of the publication have affiliations to the Hue University of Agriculture and Forestry and the School of International Development and Global Studies at the University of Ottawa, Canada. The funding for this study comes from the Vietnam National Foundation for Science and Technology Development.