US Protest Law Tracker

The US Protest Law Tracker, part of ICNL’s US Program, follows initiatives at the state and federal level since November 2016 that restrict the right to protest.

31 states have considered 63 bills 8 enacted 28 pending 27 defeated / expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: May. 21, 2018 (Minnesota), May. 15, 2018 (Georgia), May. 1, 2018 (Colorado)
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Georgia

SB 339: Mandatory sanctions for campus protesters

As originally introduced, Senate Bill 339 would have created mandatory disciplinary sanctions that could be applied to peaceful protesters on college and university campuses. The introduced bill required public universities and community colleges to adopt a policy prohibiting and subjecting to sanction individuals involved in “protests or demonstrations that infringe upon the rights of others to engage in or listen to expressive activity” on campus. Additionally, the introduced bill required administrators to suspend for at least one year or expel any student who was twice “found responsible for infringing on the expressive rights of others,” such as through a protest of a campus speaker. Amendments to the bill removed the provisions related to specific sanctions, prior to the bill's passage by the Senate. (See full text of bill here)

Status: enacted

Introduced 19 Jan 2018; Governor Deal signed it 8 May 2018

Issue(s): campus speech

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North Dakota

HB 1426: Heightened penalties for riot offences

Increases the penalties imposed for riot offenses. Under the law, participation in a riot is a Class A rather than Class B misdemeanor, punishable by up to one year in prison and a $3,000 fine. Engaging in a riot involving more than 100 people is made a Class B felony, subject to 10 years in prison and a $20,000 fine. (See full text of bill here)

Status: enacted

Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017

Issue(s): riot

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North Dakota

HB 1293: Expanded scope of criminal trespass

Expands the scope of criminal trespass activity under state law such that it could encompass protests, demonstrations, or other gatherings on private property, if notice against trespass is “clear from the circumstances.” The offense could be punishable by up to 30 days in jail and a $1,500 fine. The law also creates an additional, noncriminal trespass offense and allows officers to issue a citation with a $250 fine for trespassing. Governor Burgum signed the law on February 23, 2017. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Signed into law 23 Feb 2017

Issue(s): trespass

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North Dakota

HB 1304: New penalties for protesters who conceal their identity

Prohibits the wearing of masks, hoods, or other device that “conceals any portion” of an individual’s face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017

Issue(s): face coverings

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Oklahoma

HB 1123: New penalties for protests near �critical infrastructure�

Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing “critical infrastructure.” The law’s extensive list of “critical infrastructure” facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have “conspired” with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the Dakota Access Pipeline protests in North Dakota. (See full text of bill here)

Status: enacted

Introduced 6 Feb 2017; Signed into law 3 May 2017

Issue(s): conspiracy, infrastructure, trespass

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Oklahoma

HB 2128: Heightened penalties for protesters who trespass onto private property

Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while trespassing. (See full text of bill here)

Status: enacted

Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017

Issue(s): trespass

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South Dakota

SB 176: Expanding governor’s power to restrict certain protests

Expands the governor’s authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter’s use of the land. The law enables South Dakota’s Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. (See full text of bill here)

Status: enacted

Introduced 3 Mar 2017; Governor Daugaard signed into law 14 March 2017

Issue(s): traffic interference, trespass

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Tennessee

SB 0902: New penalties for protesters who block traffic

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street – including in the course of a protest – and in doing so interferes with an emergency vehicle’s access to or through the highway or street. “Emergency vehicle” is broadly defined as “any vehicle of a governmental department or public service corporation when responding to an emergency,” a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways. (See full text of bill here)

Status: enacted

Introduced 9 Feb 2017; Governor Haslam signed into law 12 April 2017

Issue(s): traffic interference

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For more information about the Tracker, contact Elly Page at EPage@icnl.org.