National Security, Public Order, & Criminal Enterprise Laws
Nonprofits and activists have increasingly had to navigate counterterrorism, rioting, racketeering, and related criminal laws that can chill First Amendment protected activity. At the same time, state and federal lawmakers have sought to expand these laws, raising constitutional concerns. The U.S. Program tracks and analyzes these laws so that civil society can better understand and navigate these laws, as well as defend against new legislation that would restrict First Amendment protected conduct.
Domestic Terrorism
State-Level Terrorism Designation Laws and U.S. Nonprofits
This briefer examines recent state laws authorizing the designation of domestic organizations as “terrorist” entities and how they may affect U.S. nonprofits and their supporters.
Federal Terrorism Law and U.S. Civil Society: An Explainer
This briefer summarizes select federal terrorism offenses and designations that may be relevant to U.S. nonprofits and activists.
State Domestic Terrorism Laws in the United States: Database
State domestic terrorism laws have been weaponized to target protesters and activists. This first of its kind database provides information about all state domestic terrorism laws in the United States.
State Domestic Terrorism Laws in the United States: Report
This report draws on ICNL’s state domestic terrorism tracker to warn about the chilling impact these laws can have for U.S. civil society and to provide key takeaways for policymakers.
Racketeering
The Federal RICO Act: An Explainer
This briefer provides a short explanation of the Federal RICO Act and key guardrails against its overbroad use, including First Amendment protections.
State Racketeering Laws in the U.S.
In addition to the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act, 38 states have racketeering laws. This page provides a list of state laws on racketeering, with links to the relevant statutes.
Anti-Riot Laws
Anti-Riot Laws in the United States: Database
This database catalogs federal and state anti-rioting and incitement to riot laws in the United States.
Five Problems with Anti-Rioting Laws
There is little evidence that anti-rioting laws deter rioting or provide law enforcement with effective tools to stop it. This piece looks at anti-rioting laws’ history of abuse.
Protecting Nonviolent Demonstrators by Reforming Anti-Riot Laws in the U.S.
For decades, authorities have used anti-rioting laws to arrest and penalize peaceful protesters. ICNL’s Nick Robinson argues that such laws should be eliminated, both to protect demonstrators and because they are fundamentally unnecessary.
Anti-Mask Laws
Anti-Mask Laws in the United States: Database
This database provides a summary of state anti-mask laws, including the type of restriction, and links to the relevant statutes.
Legislative Briefer: Anti-Mask Laws and the First Amendment
This piece analyzes the types of anti-mask laws states have adopted and the First Amendment issues they pose in the context of protests.
Foreign Influence Laws
U.S. Foreign Influence Laws
This page compiles resources on how state and federal laws, like the Foreign Agents Registration Ace, can be used to target nonprofits, activists, and others.
