United States Program

ICNL seeks to create a legal environment that protects and strengthens nonprofits, activists, and philanthropy in the United States. We promote 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.

Be sure to browse our U.S. Protest Law TrackerCurrent Trends, and Highlights.

Highlights

The Robert F. Kennedy Department of Justice Building. (VOA, https://commons.wikimedia.org/wiki/File:US_Department_of_Justice_building_with_road.jpg, Public domain)
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.

Crowd marching with signs that read "TIME FOR CHANGE" and "SILENCE IS VIOLENCE"
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.

Police with blue overlay blocking protesters with red overlay
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.

photo credit via unsplash jonathan harrison
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

ICNL's work on issues impacting Freedom of Assembly in the U.S.

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.

ICNL's U.S. Protest Law Tracker - landing page button

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.

ICNL's work on the U.S. Foreign Agents Registration Act (FARA)

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.

Reforms to Protect Protest Rights graphic with protest

Reforms to Protect Protest Rights

Started in 2020, this page tracks municipal, state, and federal reforms to better protect protest rights including restrictions on tear gas and rubber bullets, efforts to demilitarize the police, and reforms of public order laws that can undermine the freedom of assembly.

State Domestic Terrorism Laws

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. 

ICNL's list of resources and information on compliance and risk management for U.S. nonprofits.

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

Photo of the White house from across a lake

Congressional Investigations

This page tracks ongoing Congressional investigations impacting nonprofits.

people protesting at a capital building.

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.

U.S. coins (Photo: Skeeze/Pixabay)

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.