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: Dec. 7, 2018 (Ohio), Oct. 29, 2018 (Pennsylvania), Aug. 22, 2018 (Virginia)
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Pennsylvania

SB 754: Charging protesters for the costs of responding to a protest

Would make individual protesters potentially liable for “public safety response costs” incurred by the state or “political subdivision” during a protest or rally. The bill allows local authorities to seek restitution from protesters convicted of a misdemeanor or felony in the course of a protest or demonstration, in order to pay for the costs of responding to the event. Such costs could include overtime for police officers and emergency medical services, as well as “related legal, administrative, and court expenses.” (See full text of bill here)

Status: pending

Introduced 16 Aug 2017.

Issue(s): security costs

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Pennsylvania

SB 652: Heightened penalties for protests near critical infrastructure

Would heighten potential penalties for protests around critical infrastructure such as gas and oil pipelines by providing for the crime of "criminal trespass” onto a critical infrastructure facility. Under the bill, it is a felony to enter a critical infrastructure facility "with the intent to willfully damage, destroy, vandalize, deface, tamper with equipment or impede or inhibit the operations of the facility." The bill broadly defines “critical infrastructure facility” to include natural gas facilities and pipelines, "whether constructed or under construction," as well as "equipment and machinery, regardless of location, to the extent that it is used to construct, maintain, or operate a critical infrastructure facility." Other facilities considered critical infrastructure include cell phone towers, telephone poles, and railroad tracks that are fenced off or posted as no-entry areas. Under the bill, entering such an area with the intent to cause damage or disruption is a second-degree felony. An individual who "conspires" to do so commits a first-degree felony.

The bill was substantially amended on 25 September 2018, including to significantly expand the definition of "critical infrastructure facility." (See full text of bill here)

Status: pending

Introduced 25 Apr 2017; Approved by Senate 23 May 2018

Issue(s): infrastructure, trespass

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