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
86 bills
10 enacted 2 enacted with
improvements
18 pending 56 defeated or
expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Feb. 20, 2019 (Minnesota), Feb. 16, 2019 (Ohio), Feb. 13, 2019 (Idaho, Illinois)
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Oklahoma

HB 1123: New penalties for protests near critical infrastructure

Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing “critical infrastructure.” The law’s extensive list of “critical infrastructure” facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have “conspired” with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the Dakota Access Pipeline protests in North Dakota. (See full text of bill here)

Status: enacted

Introduced 6 Feb 2017; Signed into law 3 May 2017

Issue(s): conspiracy, infrastructure, trespass

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Oklahoma

HB 2128: Heightened penalties for protesters who trespass onto private property

Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while trespassing. (See full text of bill here)

Status: enacted

Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017

Issue(s): trespass

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Oklahoma

SB 592: Steep fee for protesting at the state capitol

Would require any group of 100 or more people that engage in a protest at the Oklahoma capitol building to post a $50,000 bond to the Oklahoma Capitol Improvement Authority "to offset the cost of additional security, cleanup and repairs." The bill was prefiled and is scheduled to be introduced on February 4, 2019, when the state's legislative session begins. The bill follows the walkout and multi-day protest by thousands of Oklahoma's teachers at the capitol in April 2018. (See full text of bill here)

Status: pending

Introduced 18 Jan 2019.

Issue(s): damage costs, security costs, strikes

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