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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North Carolina

HB 330: Eliminating driver liability for hitting protesters

Would eliminate civil liability for the driver of an automobile who hits or otherwise injures a person participating in a protest or demonstration, if the person was blocking traffic in a public street or highway and did not have a permit to do so, and if the driver was exercising “due care.” Civil liability is still available to the injured party if the driver acted intentionally. (See full text of bill here)

Status: defeated / expired

Introduced 13 Mar 2017; Approved by House 27 April

Issue(s): driver immunity

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North Carolina

SB 229: Heightened penalties for threats against former officials

Would substantially increase penalties for threats and assaults against former North Carolina officials on account of the official’s performance. The bill extends by one year the term of office of former executive, legislative, and court officials for the purpose of criminal provisions related to assaults and threats made against officials that are in office. Accordingly, threatening to inflict serious injury on a former official would be classified as a Class I felony – rather than a misdemeanor – for a period of one year after the official’s term in office. The offense would be subject to up to two years in prison. The bill was sponsored by State Senator Dan Bishop, who had pledged to introduce such legislation after an incident over Inauguration weekend in which protesters shouted at a former North Carolina governor, Pat McCrory, in Washington, D.C. (See full text of bill here)

Status: defeated / expired

Introduced 9 Mar 2017.

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North Carolina

HB 249: Criminalizing certain protests as “economic terrorism”

Would have targeted protests that obstruct roadways by newly criminalizing “economic terrorism,” defined as the willful or reckless commission of a criminal offense that impedes or disrupts the regular course of business and results in damages of over $1,000. Per the bill, commission of economic terrorism is a Class H felony, punishable by 4 to 25 months in prison. The bill also makes an individual participant civilly liable for the costs incurred by the state in responding to an unlawful assembly, riot, or obstruction of traffic (e.g., during a protest); the individual could be charged in a civil action for related legal, administrative, and court costs as well. Criminal penalties are heightened for individuals who obstruct traffic by standing, sitting, or lying in a street or highway, as well as for those who remain at the scene of a riot or unlawful assembly after being warned to disperse; under the bill, both are punishable by up to 150 days in jail and a discretionary fine. (See full text of bill here)

Status: defeated / expired

Introduced 2 Mar 2017; Failed in committee 25 April 2017

Issue(s): security costs, terrorism, traffic interference

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