The idea that we would arrest another human being for sitting at a lunch counter, etc, is designed to provoke outrage at the unjust situation.
The Crito is an excellent place to start in examining I suppose the philosophical roots of civil disobedience: http://en.wikipedia.org/wiki/Crito
An arrested hacker activist is a hacker inactivist. Expecting them to allow themselves to become arrested is absurd.
Living as I do in the San Francisco bay area, I encounter all forms of activists from people living in trees on college campuses (illegally) to folks who provide services to undocumented workers, to folks who expose security flaws on web sites. Of the ones with whom I've been able to talk briefly about their goals, all of them did not grasp that the results of activism are later perceived through the dialog of what the people that 'win' write. (sort of a variation on the winners write the history)