US Protest Law Tracker

The US Protest Law Tracker follows state and federal legislation introduced since January 2017 that restricts the right to peaceful assembly. For more information, visit our Analysis of US Anti-Protest Bills page.

45 states have
considered
306 bills
49 enacted 20 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation

Latest updates: Aug. 22, 2024 (Mississippi, US Federal), Aug. 1, 2024 (US Federal), Jul. 25, 2024 (US Federal)
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20 entries matching in provided filters in 5 states and 1 federal. Clear all filters
US Federal

HR 9158: Revoking visas of foreign student protesters

Would require an institution of higher education to immediately report to the Department of Homeland Security (DHS) if a student holding a J-1 or F-1 nonimmigrant visa “has participated in activity in support of, or as an endorsement of, a foreign terrorist organization.” The Secretary of State shall revoke the visa if such participation is established and DHS shall initiate removal proceedings. The sponsors of the bill stated that it was in response to Pro-Palestine protests on college campuses and elsewhere in the United States.

(See full text of bill here)

Status: pending

Introduced 1 Aug 2024.

Issue(s): Campus Protests

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US Federal

S 4756 / HR 9117: Revoking visas and deporting foreign protesters


Would immediately cancel the visa of any alien convicted of a crime related to “conduct at and during the course of a protest that occurs at an institution of higher education” or at a facility operated by a religious institution; involving the defacement, vandalism, or destruction of a federal memorial or monument; or involving the intentional obstruction of any highway, road, bridge, or tunnel. Any alien who is convicted for one of these crimes shall be removed from the U.S. within 60 days of their conviction.

(See full text of bill here)

Status: pending

Introduced 24 Jul 2024.

Issue(s): Campus Protests, Traffic Interference

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US Federal

HR 9102: Barring Student Protesters from Federal Student Loans


Would ban “a student who is convicted of a hate crime under State of Federal law for conduct that occurred during a protest at an institution of higher education that disrupts the normal campus functions” from receiving a federal student loan or participating in a federal student loan forgiveness program. The bill defines hate crime to include a federal hate crime under section 18 U.SC. 249, but does not define other federal or state hate crimes that would also be covered. As such, if a state enacted a hate crime law that included nonviolent conduct a conviction under that state law that could trigger the ban on federal student loan assistance under the bill.

(See full text of bill here)

Status: pending

Introduced 23 Jul 2024.

Issue(s): Campus Protests, Limit on Public Benefits

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US Federal

HR 8883: Potential penalties for universities based on protest policies

Would make federal accreditation of colleges and universities—and thus their access to federal funds—contingent on the institution’s policies on responding to protests. Under the “No Tax Dollars for College Encampments Act of 2024,” universities would have to regularly disclose how they respond to campus “incidents of civil disturbance,” defined to include “a demonstration, riot, or strike,” and their accreditation would be linked to such policies and practices. The bill sponsor cited encampments and other campus demonstrations by protesters for Palestinian human rights as motivation for the bill.

(See full text of bill here)

Status: pending

Introduced 28 Jun 2024.

Issue(s): Campus Protests, Riot, Limit on Public Benefits

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US Federal

HR 8823: Withholding federal funds from states that do not punish street protesters

Would enable the federal government to withhold highway funding from states that allow protests on highways and other public roads. The bill would direct the Secretary of Transportation to withhold 10 percent of a state’s allocated federal highway funds each year, unless the Secretary could certify that the state had made “reasonable efforts” to prohibit individuals from “knowingly and recklessly obstructing” transportation on Federal-aid highways, which make up roughly one-quarter of all public roads in the U.S. Under the bill, the Secretary would have sole and unbounded discretion to make such a certification. The bill sponsor indicated that the bill is “a direct response to the increasing trend of unlawful traffic-obstructing protests.”

(See full text of bill here)

Status: pending

Introduced 25 Jun 2024.

Issue(s): Traffic Interference, Limit on Public Benefits

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US Federal

HR 8468: BARRING STUDENT LOAN FORGIVENESS FOR CAMPUS PROTESTERS

Would disqualify certain campus protesters from federal student loan forgiveness programs. Under the bill, a student or faculty member who is expelled or fired from a higher education institution for a protest-related reason is not eligible for any loan forgiveness program under federal law. Covered reasons for expulsion or firing comprise “creating a public disturbance,” “disorderly conduct,” “trespassing,” “hate crime,” and violating provisions of the Civil Rights Act of 1964 related to discrimination. The bill’s sponsor cited pro-Palestine demonstrations on college campuses as motivation for the legislation.

(See full text of bill here)

Status: pending

Introduced 21 May 2024.

Issue(s): Campus Protests, Trespass, Limit on Public Benefits

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US Federal

S 4295: Barring federal funds for universities that don’t clear protest camps

Would bar federal funding for colleges and universities that fail to remove prolonged protest encampments. Under the “Encampments or Endowments Act,” if the Secretary of Education determined that a university permitted a protest encampment on campus for more than seven days, and camp participants had “attempted to interfere with a core function of the institution of higher education” or “obstructed the ingress or egress of students,” then the university would be ineligible to receive federal financial assistance for five years. The barred assistance would include institutional as well as student aid such as Pell grants and federal loans. Disqualified schools would have to provide grant-based aid to students to make up for the federal aid they would have otherwise received, and if they failed to do so, they would have to pay a tax equal to 50 percent of their endowment’s assets. The sponsor cited nationwide campus protests for Palestinian human rights as the motivation for the bill.  

(See full text of bill here)

Status: pending

Introduced 9 May 2024.

Issue(s): Campus Protests, Camping, Limit on Public Benefits

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US Federal

S 4302: Barring federal financial aid for students convicted of protest-related offenses

Would prohibit federal financial aid for students who are convicted of protest-related offenses while participating in a campus protest. The prohibition on federal financial aid under the “No Higher education Assistance for Mobs of Antisemitic and terrorist Sympathizing Students (No HAMAS) Act" would apply to students who are convicted under federal or state law of trespassing, unlawful assembly, rioting, or damaging property while protesting at a college or university. Such students would be ineligible for any federal grant, loan, or work study assistance. The sponsor and cosponsors of the bill have pointed to nationwide campus protests for Palestinian human rights as their motivation, however the legislation could cover students who are convicted of nonviolent offenses such as trespass while demonstrating for any cause while on a college or university campus.

(See full text of bill here)

Status: pending

Introduced 9 May 2024.

Issue(s): Campus Protests, Riot, Trespass, Limit on Public Benefits

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US Federal

HR 8322: Revoking visas of foreign student protesters

Would revoke the F, J, or M student visas of students who are “arrested for rioting or unlawful protest,” or “arrested while establishing, participating in, or promoting an encampment” at an institute of higher education. The bill’s sponsor cited foreign students who have participated in campus protests for Palestinian human rights. 

(See full text of bill here)

Status: pending

Introduced 8 May 2024.

Issue(s): Campus Protests, Riot, Camping

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US Federal

HR 8321: Mandatory community service in Gaza for campus protesters

Would require anyone convicted of “unlawful activity” on a college or university campus “after October 7, 2023,” to be “assigned” to the Gaza Strip “for the purpose of providing community service” for a minimum of six months. While the bill would apply to individuals convicted of “unlawful activity”, the sponsor indicated that the bill is targeting individuals involved in pro-Palestine demonstrations and encampments on college campuses.

(See full text of bill here)

Status: pending

Introduced 8 May 2024.

Issue(s): Campus Protests

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US Federal

HR 8248: Harsh penalties for protesters who conceal their identity

Would reintroduce the “Unmasking Antifa Act”--first introduced in 2018--which would make it a federal crime, subject to a lengthy prison sentence, to wear a mask or other disguise while protesting in a "threatening" or "intimidating" way. Under the act, anyone who "injures, oppresses, threatens, or intimidates any person" while "in disguise, including while wearing a mask" could be sentenced to up to 15 years in prison as well as fined. The bill explicitly exempts police and other law enforcement agents, stating that "nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office." While the bill title refers to unmasking "Antifa," the sponsor of the reintroduced bill has focused on pro-Palestine protesters, many of whom have worn masks to protect themselves from doxxing and other forms of retaliation. 

(See full text of bill here)

Status: pending

Introduced 6 May 2024.

Issue(s): Face Covering

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US Federal

S 4240 / HR 8242: Barring student loan forgiveness for campus protesters

Would bar federal student loan forgiveness for individuals convicted of protest-related offenses on a college or university campus. The “No Bailouts for Campus Criminals Act” would exclude an individual from the federal government’s forgiveness, cancellation, or modification of a student loan if they are convicted of “any offense” under federal or state law “related to” the individual’s conduct at a protest occurring at an institution of higher education. As such, if adopted, individuals convicted of even minor, nonviolent state law offenses such as trespass or unlawful assembly would be ineligible for loan forgiveness. Congressional sponsors of the bill cited nationwide campus protests related to Israel’s military campaign in Gaza as impetus for the legislation.

(See full text of bill here)

Status: pending

Introduced 2 May 2024.

Issue(s): Campus Protests, Limit on Public Benefits

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US Federal

HR 8221: Deportation of foreigners charged with crimes related to protests

Would provide for the deportation of a foreign individual “charged” with “any crime” related to their participation in “pro-terrorism or antisemitism rallies or demonstrations.” Under the bill, a foreign individual merely charged—not necessarily convicted—with an offense as minor as a misdemeanor could face deportation if the offense was “related” to their participation in a protest deemed “pro-terrorism or antisemiti[c]" in nature. The sponsor of the bill, titled “Hamas Supporters Have No Home Here Act,” cited the involvement of foreign students in campus protests against Israel’s military campaign in Gaza.

(See full text of bill here)

Status: pending

Introduced 1 May 2024.

Issue(s): Campus Protests

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Illinois

HB 5819: New penalties for protests that block traffic

Would create a new felony offense for protests that block traffic on highways and other busy roadways for more than five minutes. Existing Illinois law already prohibits protests or other assemblies on roadways without a permit or other permission from law enforcement, and requires that such assemblies not obstruct pedestrian or car traffic “in an unreasonable manner;” violations are a Class A misdemeanor offense. Under the bill, blocking “an exceptionally busy public right-of-way” for more than five minutes in a way that prevents “or would prevent” passage of an emergency vehicle, is a Class 4 felony. As written, the felony offense applies regardless of whether an emergency vehicle was actually blocked, or whether the roadway was “exceptionally busy” at the time it was blocked. “Exceptionally busy public right-of-way” is defined as a public road that typically carries at least 24,000 cars daily. The bill would also newly preempt cities and counties from enforcing a more lenient rule related to protests and demonstrations on roadways.

(See full text of bill here)

Status: pending

Introduced 17 Apr 2024.

Issue(s): Traffic Interference

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Michigan

HB 5708: Mandatory penalties for "riot" and "incitement to riot"

Would impose steep, mandatory penalties for “riot” and “incitement to riot” offenses. Under the bill, an individual convicted of “riot” would face at least five years and up to life in prison, while one convicted of “incitement to riot” would face at least ten years and up to life in prison. Currant Michigan law provides for a sentence of “not more than” ten years for either offense, giving judges discretion to order more lenient sentences or avoid imprisonment altogether. Michigan law defines “riot” as a group of at least five people who “wrongfully engage in violent conduct” and “cause or create a serious risk of causing public terror or alarm.” “Inciting to riot” is defined as “intending to cause or to aid or abet” a “riot” and doing something that urges other people to engage in “unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference” with law enforcement. Neither offense requires that actual unlawful violence, injury, or property damage occur.

(See full text of bill here)

Status: pending

Introduced 7 May 2024.

Issue(s): Riot

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New York

S 9194 / A 10043: New criminal penalties for masked protesters

Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them.

(See full text of bill here)

Status: pending

Introduced 3 May 2024.

Issue(s): Protest Supporters or Funders, Face Covering

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New York

A 10057 / S 9867: New criminal penalties for masked protesters

Would make it illegal to wear a mask or other disguise during a protest. The bill would create a new criminal violation that would apply to someone “involved in a lawful assembly, unlawful assembly, or riot” who wears a hood, mask, or other devise that disguises their face “so as to conceal” their identity. The bill’s only exception to the offense is for “personal protective equipment,” such as masks, used to minimize exposure to a communicable disease during a declared public health emergency. As written the bill does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. It would seemingly apply broadly to a someone wearing a costume in a Halloween parade or a peaceful protester wearing a mask to avoid retaliation for their political views. If enacted, the bill would give law enforcement substantial discretion to arrest anyone wearing a mask or other face covering at a protest.

(See full text of bill here)

Status: pending

Introduced 2 May 2024.

Issue(s): Face Covering, Riot

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Ohio

SB 267: New civil cause of action against protesters and supporters

Would make protesters and protest organizers civilly liable for damage and injury even if they did not personally cause it. Under the bill, someone whose property is damaged or who is injured as the result of a “riot” or “vandalism” offense could sue anyone who engaged in the offense. They could also sue “any person or organization who provided material support or resources with the intent that the material support or resources would be used to perpetuate” the offense. A civil suit under the bill could proceed regardless of whether the defendant was charged or convicted of committing “riot” or “vandalism,” and damages would include repairing the property or injury, as well as providing compensation for emotional distress, court costs, attorney’s fees, and “other reasonable expenses.” Ohio’s definition of “riot” requires only five people engaged in “disorderly conduct” with an unlawful purpose – to commit a misdemeanor, to impede a government function, or “hinder” the “orderly process” of administration or instruction at an educational institution. “Disorderly conduct” is likewise broadly defined as “recklessly caus[ing] inconvenience, annoyance, or alarm to another,” through means including “making unreasonable noise” or “hindering” movement of people on streets. As such, if the bill were enacted, participants in noisy or disruptive but nonviolent protests, as well as people and organizations that support them, could face expensive lawsuits. The bill also bars government officials from limiting law enforcement's authority to quell a "riot" or "vandalism," or to arrest or detain individuals involved in either offense.

(See full text of bill here)

Status: pending

Introduced 14 May 2024.

Issue(s): Civil Liability, Protest Supporters or Funders, Police Response, Riot

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Pennsylvania

HB 2351: Barring financial aid for student protesters who commit certain crimes

Would bar state financial aid to students convicted of certain protest-related offenses. The bill requires that the Pennsylvania Higher Education Assistance Agency deny all forms of financial assistance to any student who is convicted of offenses including trespass at an educational facility, government building, religious facility, or the grounds “adjacent to and owned or occupied by” such an entity. The bill’s sponsors cited protesters for Palestinian rights who occupied buildings on college and university campuses as motivation for the bill.

(See full text of bill here)

Status: pending

Introduced 14 Jun 2024.

Issue(s): Campus Protests, Trespass, Limit on Public Benefits

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Pennsylvania

HB 2352: New criminal penalties for protesters in or near academic and government buildings

Would create a new felony offense, “institutional trespass,” that could cover individuals who engage in disruptive protests in certain public or private locations. Under the bill, it is unlawful to enter an educational facility, government building, religious facility, or the grounds “adjacent to and owned or occupied by” such an entity, with a prohibited purpose, including “disrupting the work or operation of the occupant.” The offense is a third degree felony, punishable by up to seven years in prison and $15,000. The bill’s sponsors cited protesters for Palestinian rights who occupied buildings on college and university campuses as motivation for the bill.

(See full text of bill here)

Status: pending

Introduced 10 Jun 2024.

Issue(s): Campus Protests, Trespass

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For more information about the Tracker, contact Elly Page at EPage@icnl.org.