ICNL seeks to create a legal environment that protects and strengthens civil society in the United States. We promote the freedoms of association, assembly, and expression by analyzing trends in civic space, tracking state and federal laws affecting protest, and providing nonprofit organizations with information about legal compliance and risk management. The U.S. program also aims to reduce the negative impact on civil society of “foreign agent” legislation and counter-terrorism measures.
United States Program
Be sure to browse our U.S. Protest Law Tracker, Current Trends, and Highlights.
Highlights
Evolving Threats to the Tax-Exempt Status of 501(c)(3) Nonprofits
The tax-exempt status of nonprofits is facing new types of scrutiny. This briefer focuses on three avenues by which 501(c)(3) nonprofits can lose their tax- exempt status: (1) illegal purpose or activities; (2) activity contrary to public policy; and (3) support for terrorism. It analyzes measures in place to prevent politicized investigations by the IRS and steps nonprofits can take to protect themselves.
Read the full brief here.
FARA Is a Catchall Statute—and That’s a Problem
Newly proposed regulations highlight how FARA’s overbreadth creates regulatory confusion and risks politicized enforcement against nonprofits. Read the full article on Lawfare.
State Domestic Terrorism Laws in the United States
This report draws on a first of its kind ICNL database of state domestic terrorism statutes to warn about the chilling impact these laws can have for U.S. civil society and to provide key takeaways for policymakers at both the federal and state level. Read the report here.
States Are Restricting Protests and Criminalizing Dissent
Since 2017, 21 states have enacted nearly 50 new laws that restrict protests with dozens more being introduced annually. In this opinion piece in Teen Vogue ICNL’s Elly Page and Alana Greer of the Community Justice Project explore the impact of these laws across the country with a particular focus on their effect in Florida. Read the piece here.
Anti-Riot Laws in the United States
Anti-riot laws are often weaponized to target nonviolent protesters. This database catalogs all federal and state anti-rioting and incitement to riot laws in the United States. While these laws vary widely, many are drafted too broadly and can include protected First Amendment activities, resulting in severe penalties for peaceful protesters, organizers, and even bystanders. Such laws can be selectively enforced and have long been used by authorities to target and punish unpopular voices.
Key Resources
Freedom of Assembly
The right of peaceful assembly is a cornerstone of U.S. democracy. Browse ICNL’s resources on current threats to the right of assembly in the United States, including legislative briefers, analyses, and reports.
U.S. Protest Law Tracker
Started in 2017, the tracker compiles bills – proposed, enacted, or rejected – that could restrict the right to peaceful assembly around the United States.
Foreign Agents Registration Act
The Foreign Agents Registration Act (FARA) has been used to target nonprofits, activists, and others. Learn more about the impact on civil society of its broad and vague provisions.
Congressional Investigations
The Congressional Investigations Tracker follows select investigations impacting nonprofit organizations since the 118th Congress (2023-2024).
State Domestic Terrorism Laws
State domestic terrorism laws have been weaponized to target protesters and activists. This database provides information about all state domestic terrorism laws in the United States.
Compliance & Risk Management
This page provides resources for U.S. nonprofits seeking to comply with federal and state laws as well as learn more about risk management.
Current Trends
Restrictions on Protests at Statehouses
U.S. statehouses are a common venue for protests. Yet across the country, governors and lawmakers are using various tools to limit, punish, and deter demonstrations at state capitols.
New Threats to the Right to Boycott
Politically motivated boycotts have long been a tool for social change in the United States. Despite this tradition, Americans’ ability to use their consumer power to have their voices heard is under new threat.
Protest Rights Accountability & Reform
The 2020 Black Lives Matter demonstrations were the largest protests in U.S. history and largely non-violent. Yet police frequently violated the rights of protesters, journalists, and others. This piece examines efforts at accountability.
For questions about the U.S. Program, please contact Nick Robinson or Elly Page.