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
100 bills
16 enacted 2 enacted with
improvements
13 pending 69 defeated or
expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Jul. 15, 2019 (Missouri), Jun. 17, 2019 (Texas), Jun. 4, 2019 (North Carolina, US Federal)
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Tennessee

SB 264: New penalties for protests near gas and oil pipelines

Creates new potential penalties for protests and demonstrations that "interrupt" or "interfere with" a pipeline or pipeline construction site. The law makes it a Class E felony for an individual to knowingly "destroy, injure, interrupt or interfere with" a pipeline, pipeline facility, or related infrastructure, including if it is under construction. The offense is a Class E felony, punishable by up to six years in prison and a $3,000 fine. As introduced, the law provided that an individual or organization that causes or “aids” damage or interference would likewise be guilty of a Class E felony, however these provisions were amended out prior to the law's passage. (See full text of bill here)

Status: enacted

Introduced 29 Jan 2019; Approved by Senate 18 Feb 2019; Approved by House 30 April 2019; Signed by Governor Lee 10 May 2019

Issue(s): conspiracy, infrastructure

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Tennessee

SB 0902: New penalties for protesters who block traffic

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street – including in the course of a protest – and in doing so interferes with an emergency vehicle’s access to or through the highway or street. “Emergency vehicle” is broadly defined as “any vehicle of a governmental department or public service corporation when responding to an emergency,” a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways. (See full text of bill here)

Status: enacted

Introduced 9 Feb 2017; Governor Haslam signed into law 12 April 2017

Issue(s): traffic interference

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Tennessee

HB 0668/SB 0944: Eliminating driver liability for hitting protesters

Would have provided civil immunity for a motorist who injures a protester who was blocking traffic in a public right-of-way if the driver was exercising “due care.” The bill, introduced in both the Tennessee House of Representatives and Senate, does not eliminate liability if the driver’s actions were “willful or wanton.” (See full text of bill here)

Status: defeated / expired

Introduced 9 Feb 2017; Failed in committee 22 March 2017

Issue(s): driver immunity, traffic interference

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