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)
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Ohio

SB 33: New penalties for protests near critical infrastructure

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure by expanding the definitions of "criminal trespass" and "criminal mischief." Like SB 250, introduced in the 2017-2018 session, SB 33 provides that entering and remaining on marked or fenced-off property that contains a "critical infrastructure facility" is criminal trespass and a first degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. Doing so with the purpose of "tampering with" the facility would constitute aggravated trespass, a third degree felony--punishable by up to ten years in prison and a $20,000 fine. Knowingly, "improperly tampering" with the facility would constitute "criminal mischief," likewise a third degree felony. "Critical infrastructure facility" is expansively defined to encompass oil, gas, electric, water, telecommunications, and railroad facilities among many others. The bill also imposes fines on organizations found guilty of "complicity" in the trespass or mischief offenses, in the amount of ten times the maximum fine that can be imposed on an individual. Ohio law defines "complicity" to include soliciting, procuring, aiding, abetting, or conspiring with another to commit an offense. (See full text of bill here)

Status: pending

Introduced 12 Feb 2019.

Issue(s): conspiracy, infrastructure

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Ohio

SB 250: New penalties for protests near "critical infrastructure"

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure by expanding the definitions of "criminal trespass" and "criminal mischief." Entering and remaining on marked or fenced-off property that contains a "critical infrastructure facility" would be criminal trespass under the bill and could be charged as a first degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. Doing so with the purpose of tampering with or harming the facility would constitute aggravated trespass, a third degree felony; knowingly tampering with the facility would constitute "criminal mischief" and a first degree felony--punishable by up to ten years in prison and a $20,000 fine. "Critical infrastructure facility" is expansively defined to encompass oil, gas, electric, water, telecommunications, and railroad facilities among many others. The bill also imposes fines on organizations found to be complicit in the trespass or mischief offenses, and imposes civil liability for damage caused by trespass on a critical infrastructure facility. (See full text of bill here)

Status: defeated / expired

Introduced 24 Jan 2018; Approved by Senate 6 December 2018

Issue(s): damage costs, infrastructure, trespass

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Ohio

HB 423: Harsh penalties for protesters who conceal their identity

Would broadly prohibit the wearing of masks or other disguises in certain circumstances during protests. The bill criminalizes the wearing of a mask or disguise to intentionally "obstruct the execution of the law," "to intimidate, hinder, or interrupt" a person who is performing a legal duty, or to prevent a person from exercising rights granted to them by the Constitution or laws of Ohio (such as the right to assemble). Under the bill, commission of "masked intimidation" as defined by any of the above would be a first degree misdemeanor, subject to up to six months in jail and a $1,000 fine. According to its sponsors, the bill originated out of concerns about violent confrontations caused by masked protesters. (See full text of bill here)

Status: defeated / expired

Introduced 21 Nov 2017.

Issue(s): face coverings

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