Freedom of Assembly
Protecting Peaceful Protest in the U.S.
From women’s suffrage to the civil rights movement, protests are core to the democratic tradition of the United States. Yet the right to protest is under attack. Peaceful protesters have faced violence by law enforcement and third parties, intrusive surveillance, and arrest and prosecution. The U.S. Program protects and advances the right to peaceful assembly, developing cutting-edge analysis and other research resources to help advocates and other stakeholders defend this fundamental freedom.
Countering Anti-Protest Bills
Since 2017, ICNL has tracked hundreds of state and federal bills that restrict the right to protest. ICNL provides analysis and research on this legislation.
Key Resources:
Limiting Excessive Force
Peaceful protesters have faced indiscriminate and excessive force at the hands of law enforcement. ICNL resources to address this threat include recommendations for reforms to limit the use of tear gas and other so-called less lethal weapons and to ensure accountability for law enforcement violence against protesters.
Key Resources:
- Tracking Reform Efforts to Restrict Less Lethal Weapons
- Legislative Briefer: Restricting the Use of Tear Gas, Rubber Bullets, and Other Less Lethal Weapons in Crowd Control
- Current Trend: Protest Rights Accountability and Reform: Addressing Violations of the Rights of Protesters at 2020 Black Lives Matter
- Comment to U.S. Government on its compliance with Article 21 of the ICCPR
Reforming Anti-Riot Acts
Authorities have long used anti-riot laws to arrest and punish peaceful protesters. ICNL resources explain the threat posed by such vague and overbroad laws and include recommendations for reform.
Key Resources:
Civil Disobedience and the Law
Protesters who engage in nonviolent unlawful conduct, such as blocking traffic, face emerging threats including substantial new penalties and expansive liability. ICNL resources explore how the law should address civil disobedience without chilling protected peaceful protest activity.
Key Resources:
Surveillance
Protesters face an array of new types of surveillance, including the use of facial recognition technology and geolocation data. Invasive surveillance that identifies and tracks protesters can deter demonstrators from attending protests and places them at risk. ICNL works to create legal safeguards to prevent the abusive use of surveillance against demonstrators.
Key Resources:
Keeping Guns Away from Protests
The U.S. has witnessed a growing number of armed protests. The presence of guns discourages people from exercising their rights to assembly and speech, interferes with democratic processes, and poses a threat to public safety. ICNL is working to advance reasonable and constitutionally-sound reforms to keep guns away from protests.
Key Resources:
All U.S. Freedom of Assembly Resources
State-Level Terrorism Designation Laws and U.S. Nonprofits
New DHS Rules Affecting Protests Near Federal Property: An Explainer
