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.
United States Program
Be sure to browse our U.S. Protest Law Tracker, Current Trends, and Highlights.
Highlights
Current Trend: Protecting the Freedom of Assembly and Public Health
The United States is in the midst of addressing the COVID-19 pandemic. Since the pandemic began, there have been numerous protests, albeit at a relatively small scale. However, an adequate set of rules to protect both the freedom of peaceful assembly and public health have yet to be developed. Read our Current Trend analysis here.
Current Trend: Anti-Mask Laws, COVID-19, and the First Amendment
Face masks have become ubiquitous in US public life. The CDC now recommends Americans wear face masks to reduce transmission of COVID-19 and many localities are mandating wearing them for certain activities. Yet, at least 18 states and Washington DC have laws that could be used to penalize those who wear face coverings. Read our Current Trend analysis here.
Overview: Critical Infrastructure Bills in the US
Across the country, communities are gathering at rallies and marches to express concerns about pipelines’ impact on the environment, landowner rights, and indigenous land. “Critical infrastructure” laws target these kinds of gatherings. This one-page overview explains what these laws do and how they can be used to limit freedom of assembly in the US.
The Foreign Agents Registration Act Is Broken
The Foreign Agents Registration Act has become a central policy tool to respond to foreign interference in U.S. politics. However, stepping up enforcement of FARA before reforming the act is a recipe for disaster. FARA is overbroad and has been used to target U.S. activists and nonprofits. Find out more by reading our article in Foreign Policy entitled The Foreign Agents Registration Act is Broken.
Key Resources
Coronavirus and Civic Space in the U.S.
The coronavirus is a significant threat to public health; it does not need to be a significant threat to civic freedom.
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.
Freedom of Assembly
The ability to protest 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.
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.
Global Grantmaking Country Notes
In partnership with the Council on Foundations, ICNL maintains reports on thirty-four countries to assist U.S grantmakers when they undertake equivalency determinations for foreign grantees.
Current Trends in U.S. Civic Space
U.S. Current Trend: Protecting the Freedom of Assembly and Public Health
Since the coronavirus pandemic began, the United States has seen numerous protests, albeit at a ... Read More
U.S. Current Trend: Anti-Mask Laws, COVID-19, and the First Amendment
Face masks are in the news. The CDC now recommends that Americans wear face masks ... Read More
U.S. Current Trend: COVID-19 and Civic Freedom
The United States is in the midst of addressing the COVID-19 pandemic. All 50 states, ... Read More
U.S. Current Trend: Environmental Nonprofits Facing Lawfare Tactics
Environmental groups are known for their fight against climate change, but the battle over their ... Read More
U.S. Current Trend: Right to Boycott
In the past several years, activists who are part of the BDS movement have called ... Read More
U.S. Current Trend: Targeting of Immigrant Rights Activists
In December 2018, a group of immigrant rights groups and law school human rights clinics ... Read More
