US Protest Law Tracker
The US Protest Law Tracker, part of ICNL’s US Program, follows initiatives at the state and federal level since November 2016 that restrict the right to peaceful assembly. For information about our methodology, click here.
40 states have
considered 135 bills
25 enacted 2 enacted with
improvements 21 pending 87 defeated or
expired
No initiatives
Pending, defeated or expired initiatives
Enacted initiatives
Legislation and executive orders
Latest updates: Oct. 16, 2020 (New York), Oct. 7, 2020 (Michigan), Aug. 30, 2020 (US Federal)
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Locations
Status
Issues
Date
Type
Massachusetts
HB 1588: Prohibition on masked demonstrations
Would compel the immediate dispersal of a demonstration or other assembly of people wearing masks or other disguises. The bill provides that if a group of five or more individuals who are "masked or in any manner disguised by unusual or unnatural attire or facial alteration" assemble together, authorities should command them to disperse. If the assembly does not immediately disperse, they are deemed a riot or unlawful assembly and the authorities can compel anyone present to help "suppress" the assembly and arrest those participating. The bill makes no exception for religious or festive attire. Nor does it require any malicious intent by those assembling or conduct beyond wearing masks and assembling in a group. (See full text of bill here)
Status: pending
Introduced 17 Jan 2019.
Issue(s): face coverings, riot
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Ohio
HB 362: New penalties for protesters who conceal their identity
Would broadly prohibit the wearing of masks or other disguises in certain circumstances during protests. Like HB 423, introduced in the 2017-2018 session, the bill criminalizes the wearing of a mask or disguise to intentionally "obstruct the execution of the law," "to intimidate, hinder, or interrupt" a person who is performing a legal duty, or to prevent a person from exercising rights granted to them by the Constitution or laws of Ohio (such as the right to assemble). Under the bill, commission of "masked intimidation" as defined by any of the above would be a first degree misdemeanor, subject to up to six months in jail and a $1,000 fine. According to its sponsors, the bill originated out of concerns about violent confrontations caused by masked protesters. (See full text of bill here)
Status: pending
Introduced 8 Oct 2019.
Issue(s): face coverings
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Rhode Island
H 7543: New Penalties for Protesters Who Conceal Their Identity
Would make it unlawful for a person to wear protective equipment, such as a "gas mask", "kneepads", "riot helmets", "face visors", or "vests" during a demonstration, rally, or parade. It also bans wearing "a mask or disguise with the specific intent to intimidate or threaten another person". A violation of the Act would be punishable by up to one year in jail and/or a $1000 fine. The broad language in the Act could be used to ban a range of masks and equipment that could be part of the expressive component of a demonstration. (See full text of bill here)
Status: pending
Introduced 12 Feb 2020.
Issue(s): face coverings
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For more information about the Tracker, contact Elly Page at EPage@icnl.org.
