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 64 bills 9 enacted 8 pending 47 defeated / expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Aug. 22, 2018 (Virginia), Jul. 12, 2018 (US Federal), Jun. 10, 2018 (Pennsylvania)
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Kentucky

HB 53: Eliminating driver liability for hitting protesters

Would eliminate all liability for drivers who injure or kill a protester who is blocking traffic. The bill creates a new Class A misdemeanor, punishable by up to one year in jail, for interfering with traffic on a public road during a protest for which a permit has not been granted. Under the bill, a motorist who injures or kills an individual who is interfering with traffic during such an event cannot be held criminally or civilly liable, unless the action was intentional. The bill, prefiled as BR 305 on October 24, 2017, also prohibits the wearing of face coverings and bearing of weapons near a public protest. (See full text of bill here)

Status: defeated / expired

Introduced 2 Jan 2018.

Issue(s): driver immunity, face coverings, weapons

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Kentucky

BR 175: Criminalizing face coverings and weapons near protests

Would create new penalties for wearing masks or protective gear, or carrying a weapon near a public protest. According to the prefiled bill, an individual within 500 feet of a protest may not wear a mask, hood, helmet, or other facade that “covers any portion of his or her face.” Likewise, individuals within 500 feet of a protest may not wear protective gear such as shields or armor, nor carry a deadly or dangerous weapon. Under the bill, commission of either act comprises “disruption of a public protest,” punishable as a Class A misdemeanor with up to twelve months in jail and a $500 fine. BR 175 was ultimately withdrawn, but its provisions on "disruption of a public protest" were included in HB 53 at the beginning of the 2018 legislative session. (See full text of bill here)

Status: defeated / expired

Introduced 24 Aug 2017.

Issue(s): face coverings, weapons

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