US Protest Law Tracker

The US Protest Law Tracker, part of ICNL's US Program, follows initiatives at the state and federal level since January 2017 that restrict the right to peaceful assembly. For information about our methodology, click here. For more information and an analysis of this data, click here.

45 states have
considered
230 bills
36 enacted 50 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation

Latest updates: Oct. 28, 2021 (Florida, Oklahoma), Sep. 3, 2021 (North Carolina), Sep. 1, 2021 (North Carolina)
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4 entries matching in provided filters in 1 states.
Minnesota

HB 1558: New penalties for protests near oil and gas pipelines

Would create joint and several liability for any person or entity that knowingly aids, advises, counsels, or conspires with a person who trespasses on critical infrastructure property. The bill would also create strict liability for any damages caused by a person who trespasses on critical infrastructure property. The bill would also create a felony offense, punishable by up to 3 years and a fine of $5,000, for a person that trespasses on critical infrastructure with the intent to impede or inhibit its operation. (See full text of bill here)

Status: pending

Introduced 25 Feb 2021.

Issue(s): Damage Costs, Conspiracy, Infrastructure

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Minnesota

SF 355: New penalties for protests near oil and gas pipelines

Would create new civil and criminal liability for protesters on pipeline property as well as civil liability for any organization or entity that supports them. Like SF 3230/ HF 2966, introduced during the 2019-2020 session, the bill would make someone who trespasses on property containing a pipeline or other "critical public service facility" liable for any damages to property that they commit while trespassing. Any person or entity that "knowingly recruits, trains, aids, advises, hires, counsels, [or] conspires with" someone who trespasses or causes damage to property could be held "jointly and severably liable." If the person trespasses with intent "to significantly impede or inhibit operation" of a covered facility, utility, or pipeline they are guilty of a felony and may be subject to three years in prison and/or a $5,000 fine. The phrase "significantly impede or inhibit" could be construed to encompass peaceful protests that block access to infrastructure, which under Minnesota law is broadly defined to include bus stations and parts of bridges. The broad language used in the joint and severable liability provisions could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)

Status: pending

Introduced 28 Jan 2021.

Issue(s): Conspiracy, Infrastructure, Trespass

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Minnesota

HF 254 / SF 386: New penalties for protests near gas and oil pipelines

Would create new potential penalties for protests near pipelines, utilities, and "critical public service facilities." Like HF 2441, which was introduced in the 2019-2020 session, HF 254 criminalizes trespass onto such properties, including those under construction, as a gross misdemeanor punishable by one year in jail and a $3,000 fine. Trespass "with the intent to disrupt the operation or provision of services" by the pipeline or utility, is a felony under the bill, punishable by up to 5 years in prison and a $10,000 fine. The bill also newly provides that a court may order anyone convicted of the above offenses to pay for "the costs and expenses resulting from the crime." (See full text of bill here)

Status: pending

Introduced 21 Jan 2021.

Issue(s): Damage Costs, Infrastructure, Security Costs, Trespass

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Minnesota

HF 129 / SF 1378: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES

Would create new civil and criminal liability for protesters on infrastructure property as well as for any organization or entity that supports them. Like HF 3668, introduced in the 2019-2020 session, HF 129 would make someone who is convicted of or merely arrested for trespassing on property containing a critical public service facility, utility, or pipeline, civilly liable for any property damage arising out of the trespass. Under the bill, a person "or entity" that "recruits, trains, aids, advises, hires, counsels, or conspires with" someone who is convicted of or arrested for trespassing is also civilly liable for damages. The bill creates criminal liability for anyone who "intentionally recruits, trains, aids, advises, hires, counsels, or conspires with" someone to trespass, as well: If the person or entity fails to make a "reasonable effort" to prevent the trespass, and the offense is committed, they are guilty of a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. The broad language used in the vicarious liability provisions could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)

Status: pending

Introduced 14 Jan 2021.

Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass

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