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. For information about our methodology, click here.

31 states have
considered
64 bills
9 enacted 2 enacted with
improvements
8 pending 45 defeated or
expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Oct. 29, 2018 (Pennsylvania), Aug. 22, 2018 (Virginia), Jul. 12, 2018 (US Federal)
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US Federal

Executive Order 13809: Giving riot gear and other military equipment to local police

The “Presidential Executive Order on Restoring State, Tribal, and Local Law Enforcement's Access to Life-Saving Equipment and Resources” reinstates a program that transfers surplus military equipment to police departments across the country. President Obama had scaled back the 1990s-era program in 2015, following the heavily armed police response to protests against the killing of black men in Ferguson, Missouri and elsewhere. With Executive Order 13809, President Trump restored the program, and police departments will again receive free weaponized vehicles, certain large-caliber ammunition, riot gear, and other military equipment – which may once again be used when responding to protests. (See full text of bill here)

Status: enacted

Introduced 28 Aug 2017; Issued 28 Aug 2017

Issue(s): police response

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US Federal

HR 6054: Harsh penalties for protesters who conceal their identity

The “Unmask Antifa Act of 2018” would make it a federal crime, subject to a lengthy prison sentence, to wear a mask or other disguise while protesting in a “threatening” or “intimidating” way. Under the act, anyone who “injures, oppresses, threatens, or intimidates any person” while “in disguise, including while wearing a mask” could be sentenced to up to fifteen years in prison as well as fined. The bill explicitly exempts police and other law enforcement agents, stating that “nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office.” The name of the bill, introduced by Republican Rep. Daniel Donovan and supported by Reps. Peter King, Ted Budd, and Paul Gosar, refers to the leftist anti-Fascist movement, some members of which have worn masks during protests. (See full text of bill here)

Status: pending

Introduced 8 Jun 2018.

Issue(s): face coverings

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