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.

35 states have
considered
85 bills
10 enacted 2 enacted with
improvements
17 pending 56 defeated or
expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Feb. 16, 2019 (Ohio), Feb. 13, 2019 (Idaho, Illinois), Feb. 12, 2019 (Mississippi)
Filter by:
Locations
Status
Issues
Date
Type

Locations

Status

Issues

Introduction Date

from

to

Type

or
X

Illinois

HB 2280: Mandatory sanctions for campus protesters

Would create mandatory disciplinary sanctions that could be applied to peaceful protesters on college and university campuses. Like HB 2939, introduced in the 2017-2018 session, HB 2280 requires public universities and community colleges to adopt a policy prohibiting and subjecting to sanction any “protests or demonstrations that infringe upon the rights of others to engage in or listen to expressive activity” on campus. Additionally, the bill requires administrators to suspend for at least one year or expel any student who is twice “found responsible for infringing on the expressive rights of others,” such as through a protest of a campus speaker. (See full text of bill here)

Status: pending

Introduced 8 Feb 2019.

Issue(s): campus speech

return to map
Illinois

HB 1633: New penalties for protests near critical infrastructure

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly trespassing to a critical infrastructure facility is a Class 4 felony, punishable by $1,000 and 3 years in prison. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with intent to vandalize, deface, or tamper with the facility--is a Class 3 felony punishable by $10,000 and 10 years in prison. The bill would also create a broadly-defined new offense, “criminal damage to a critical infrastructure facility,” which includes knowingly vandalizing, defacing, or tampering with critical infrastructure and does not require actual damage. The offense is a Class 1 felony, punishable by $100,000 and 15 years in prison. An individual convicted of any of the offenses is also civilly liable for money damages, court costs, and attorney’s fees to the owner of the property, for any damage sustained. An organization found to have conspired with an individual to commit any of the offenses is liable for a fine of at least ten times the minimum fine authorized for the individual. The bill newly defines “critical infrastructure facility” under Illinois law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or clearly posted. (See full text of bill here)

Status: pending

Introduced 1 Feb 2019.

Issue(s): conspiracy, infrastructure

return to map
Illinois

HB 2939: Mandatory sanctions for campus protesters

Would create mandatory disciplinary sanctions that could be applied to peaceful protesters on college and university campuses. The bill requires public universities and community colleges to adopt a policy prohibiting and subjecting to sanction any “protests or demonstrations that infringe upon the rights of others to engage in or listen to expressive activity” on campus. Additionally, the bill requires administrators to suspend for at least one year or expel any student who is twice “found responsible for infringing on the expressive rights of others,” such as through a protest of a campus speaker. (See full text of bill here)

Status: defeated / expired

Introduced 9 Feb 2017.

Issue(s): campus speech

return to map

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