The US Protest Law Tracker follows state and federal legislation introduced since January 2017 that restricts the right to peaceful assembly. For more information, visit our Analysis of US Anti-Protest Bills page.
Latest updates: Apr. 15, 2024 (Georgia, Idaho, Kentucky, Louisiana), Apr. 3, 2024 (Arizona), Mar. 27, 2024 (West Virginia)
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Tennessee
SB 451 / HB 881: Mandatory penalties for expanded aggravated riot offense
Expands the definition of "aggravated riot" and creates new mandatory minimum penalties for that offense. To be convicted of "riot" under Tennessee law, a person only needs to knowingly gather with two or more people whose tumultuous and violent conduct creates "grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function." For instance, one could be held guilty of riot for merely joining a large protest in which there is isolated pushing, even if no one is injured. Under preexisting law, a person could be held liable for aggravated riot if they participated in a riot where someone was injured or substantial property damage occurred, even if the person did not commit any violence nor intended violence to occur. Under the law, a person may also be guilty of aggravated riot if they participated in a riot and either participated in exchange for compensation or "traveled from outside the state with the intent to commit a criminal offense." A "criminal offense" could include, for example, temporarily blocking a street as part of a protest. "Aggravated riot" is a Class E felony, which is punishable by up to 6 years in jail and a fine of $3,000; the law also introduces a mandatory minimum of at least 45 days of imprisonment. (See full text of bill here)
Status: enacted
Introduced 8 Feb 2021; Approved by Senate 11 March 2021; Approved by House 28 April 2021; Signed by Governor 13 May 2021
Issue(s): Riot
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Tennessee
HB 8005/SB 8005: Heightened Penalties for "Inconvenient" Protests and Protest Camps on State Property
The law heightens penalties for certain offenses that could encompass conduct by peaceful protesters. The law heightens existing criminal penalties for blocking a street, sidewalk, or "any other place used for the passage of persons, vehicles or conveyances" from a Class C to a Class A misdemeanor. Accordingly, protesters who obstruct or make it "unreasonably inconvenient" to use a street or sidewalk could face up to one year in jail. The law likewise heightens penalties for the existing offense of "obstructing" or "interfering with" a lawful meeting, procession, or gathering, from a Class B to Class A misdemeanor. Protesters who intentionally "interfere with" a meeting of the legislature or other government officials, including by staging a loud protest, could therefore face up to one year in jail. The law also targets protest encampments on the grounds of the Capitol and other areas by broadening the definition of "camping," and heightening penalties for camping on state property. As such, protesters who use or place any "piece of furniture," shelter, or structure on state property could be charged with a Class E felony, if they continue to do so 24 hours after receiving a warning. The offense would be punishable by up to six years in prison, a fine of $3,000, and restitution for any property damage. The law also amends Tennessee provisions on "riot," (which is defined broadly), including by requiring those convicted of "inciting" or "urging" a riot to pay restitution for any property damage incurred by the offense. When it was introduced, the legislation authorized the Tennessee Attorney General to intervene and prosecute offenses where there has been damage to state property, including those arising in the context of peaceful protests, if the district attorney declined to do so; however those provisions were removed prior to the law's enactment, and replaced with a requirement that district attorneys produce a report on such offenses and how they were dealt with. (See full text of bill here)
Status: enacted
Introduced 7 Aug 2020; Approved by House and Senate 12 August 2020; Signed by Governor Lee 20 August 2020
Issue(s): Damage Costs, Riot, Traffic Interference, Camping
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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 2031 / SB 2570: Heightened penalties for protesters who block streets and highways
Would significantly increase the penalty for knowingly or recklessly obstructing a street, highway, “or other place used for the passage of vehicles or conveyances.” Instead of a Class A misdemeanor, as provided by current law, the offense would be a Class D felony punishable by at least 2 and up to 12 years in prison and a $5,000 fine. As written, the bill’s felony offense could cover protesters who blocked a street or made passage "unreasonably inconvenient" even if there were no cars on it. The felony offense could also apply to protesters who blocked a driveway or alley, even temporarily. The bill would also create a new civil cause of action such that anyone who knowingly or recklessly blocked a street could additionally be sued for civil damages.
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See full text of bill here)
Status: pending
Introduced 23 Jan 2024.
Issue(s): Damage Costs, Traffic Interference
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Tennessee
HB 513 / SB 843: Heightened penalties for protesters who block sidewalks and streets
Would increase the penalty for knowingly or recklessly obstructing a sidewalk, street, or "or any other place used for the passage of persons, vehicles or conveyances." Instead of a Class A misdemeanor, the offense would be a Class E felony, punishable by up to 6 years in prison and a fine of $3,000. The bill would also immunize from prosecution a person who hits a protester with their car, if the protester was obstructing a sidewalk, street, or "or any other place used for the passage of persons, vehicles or conveyances," and the driver hit them unintentionally and was "exercising due care." (See full text of bill here)
Status: defeated / expired
Introduced 4 Feb 2021.
Issue(s): Driver Immunity, Traffic Interference
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Tennessee
SB 1750: New penalties for protesters who conceal their identity
Would penalize protesters who wear masks or other face coverings. As introduced, the bill would make it a criminal offense for a person to wear a mask, hood, or device that covers a portion of their face and intentionally conceals their identity, on public property or private property without the owner's permission. The bill does not require that the person be committing some other unlawful act while concealing their identity. The offense would be a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. The original version of the bill includes four exemptions: "traditional holiday costumes;" "lawfully engag[ing] in a trade, profession, occupation or sporting activity" that requires a mask, hood, or other device; theatrical productions, parades, and masquerade balls; and gas masks. Other expressive, First Amendment activity is not explicitly exempted. The bill was withdrawn the day after it was introduced. A co-sponsor of the bill said that it was "intended to target protesters and demonstrators who might commit crimes," and that they would file a "clarified version" of the bill soon. (See full text of bill here)
Status: defeated / expired
Introduced 21 Jan 2020.
Issue(s): Face Covering
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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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