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.
Latest updates: Apr. 15, 2024 (Georgia, Idaho, Kentucky, Louisiana), Apr. 3, 2024 (Arizona), Mar. 27, 2024 (West Virginia)
10 entries matching in provided filters in 0 states and 1 federal. Clear all filters
US Federal
S 3887: Heightened penalties for riot offenses
Would significantly increase the penalties for federal “riot” and “incitement to riot” offenses if they involve property damage or injury. The bill would create a new, mandatory one-year prison sentence for anyone who commits “an act of violence” or aids someone else in doing so, while participating in, organizing, “inciting,” “promoting,” or “encouraging” a “riot.” The maximum penalty would jump to 10, instead of 5, years in prison. Federal law defines “act of violence” broadly to include using force against property—or just attempting or threatening to use such force. Under the bill, someone who knocked over a trash can, or merely threatened to do so, while cheering on an unruly protest, could face 10 years in prison.
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See full text of bill here)
Status: pending
Introduced 6 Mar 2024.
Issue(s): Riot
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US Federal
S 3492 / HR 6926: Federal penalties for protesters who block traffic
Would create federal penalties for protesters who block public roads and highways. The “Safe and Open Streets Act” would make it a federal crime to “in any way or degree, purposely obstruct, delay, or affect commerce or the movement of any article or commodity in commerce by blocking a public road or highway.” The offense would also cover individuals who merely “attempt” or “conspire” to block a public road or highway. The offense would be punishable by an unspecified fine and up to 5 years in federal prison.
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See full text of bill here)
Status: pending
Introduced 13 Dec 2023.
Issue(s): Conspiracy, Traffic Interference
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US Federal
S 4825: Penalties for protesters on interstate highways
Would prohibit “deliberately delaying traffic,” “standing or approaching a motor vehicle,” or “endangering the safe movement of a motor vehicle” on an interstate highway “with the intent to obstruct the free, convenient, and normal use of the interstate highway.” The new federal offense would be punishable by up to $10,000 and 15 years in prison—a far harsher penalty than is the case under many states' laws, which generally already criminalize walking or standing on the highway. The bill provides an exception for “any lawful activity” authorized by federal, state, or local law. However it could still seemingly cover far more than “blocking” the interstate, including a peaceful protest on the shoulder of an interstate or a convoy-style, driving protest that slowed down traffic.
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See full text of bill here)
Status: defeated / expired
Introduced 13 Sep 2022.
Issue(s): Traffic Interference
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US Federal
HR 6653: Barring small business aid to individuals convicted of "riot" offenses
Would bar individuals convicted of “riot” offenses from receiving small business assistance from the federal government. The bill provides that a person convicted of a felony for actions during or “in connection with” a riot is prohibited from participating in any program run by the Small Business Administration, if the riot resulted in the destruction of a small business. The definition of “riot” under federal law is broad, requiring only a “public disturbance” where one individual in a group commits violence. An individual can be convicted of participating or inciting a “riot” based on conduct that was neither violent nor destructive. A host of actions of peaceful civil disobedience could also be construed as felonies “in connection with” a “riot.” Under the bill, individuals convicted of such offenses would become ineligible for support such as disaster relief loans, loans to avert hardship caused by COVID-19, and other small business assistance. (See full text of bill here)
Status: defeated / expired
Introduced 9 Feb 2022.
Issue(s): Riot, Limit on Public Benefits
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US Federal
HR 289: Stripping Pandemic Aid from Individuals Convicted of "Protest-Related" Federal Crimes
Would withdraw COVID-19 unemployment benefits from and impose new costs on anyone convicted of a federal offense related to the individual's conduct at and during a protest. Such a person would be ineligible for federal unemployment aid under the CARES Act (15 U.S.C. 9023) or any other Federal supplemental unemployment compensation during the COVID-19 public health emergency. If federal agents were involved in policing the protest at issue, the person who was convicted of a related federal offense would also have to pay the cost of the agents' policing activity, as determined by the court. Federal offenses include both violations of federal law, and violations of state law that occur on federal property. As such, the bill's withdrawal of benefits and imposition of new costs could apply to, e.g., a peaceful protester convicted of misdemeanor trespass for refusing to leave a demonstration on the steps of a federal courthouse or a sit-in at a congressional office. This bill is nearly identical to HB 8117 introduced in 2020. (See full text of bill here)
Status: defeated / expired
Introduced 13 Jan 2021.
Issue(s): Security Costs, Limit on Public Benefits
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US Federal
HR 8117: Stripping Pandemic Aid from Individuals Convicted of "Protest-Related" Federal Crimes
Would withdraw COVID-19 unemployment benefits from and impose new costs on anyone convicted of a federal offense related to the individual's conduct at and during a protest. Such a person would be ineligible for federal unemployment aid under the CARES Act (15 U.S.C. 9023) or any other Federal supplemental unemployment compensation during the COVID-19 public health emergency. If federal agents were involved in policing the protest at issue, the person who was convicted of a related federal offense would also have to pay the cost of the agents' policing activity, as determined by the court. Federal offenses include both violations of federal law, and violations of state law that occur on federal property. As such, the bill's withdrawal of benefits and imposition of new costs could apply to, e.g., a peaceful protester convicted of misdemeanor trespass for refusing to leave a demonstration on the steps of a federal courthouse or a sit-in at a congressional office. (See full text of bill here)
Status: defeated / expired
Introduced 28 Aug 2020.
Issue(s): Security Costs, Limit on Public Benefits
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US Federal
S 4424: Withhold Federal Funding for Failure to Prosecute Destructive Protest Activities
Would empower the U.S. Attorney General to withhold up to 10% of select federal funding from a state prosecutor's office, district attorney's office, or state attorney general office, if the U.S. Attorney General determines that the office has "abused the use of prosecutorial discretion by failing to prosecute crimes stemming from riots or other violent or destructive protest activities." Many riot statutes in the U.S. are broadly worded and can encompass non-violent protest activity. In the past, peaceful protesters have been prosecuted under these statutes. This bill could encourage an aggressive interpretation of riot statutes as well as other laws that could be used against peaceful demonstrators. On September 17, 2020, HR 8301 was introduced in the House of Representatives, which has nearly identical language to S 4424. (See full text of bill here)
Status: defeated / expired
Introduced 4 Aug 2020.
Issue(s): Riot
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US Federal
S 4266: Withhold Federal Funding for Failure to Either Prosecute or Properly Police a Riot
Would empower the U.S. Attorney General to withhold select federal funding if the Attorney General determines that a state or local government has a "custom or policy" of not prosecuting an individual engaged in unlawful activity as part of a riot or if they decline to prosecute because the "unlawful activity is related to or associated with expression of speech protected by the First Amendment". The U.S. Attorney General can also withhold select federal funding if a senior official, governing body, or policy prohibits law enforcement from taking action that would prevent or mitigate physical injury or property depredation related to a riot. The U.S. Attorney General could withhold up to 25% of select federal funding or twice the monetary value of property damaged or physical injury caused by the failure of the state or local government to take "reasonable steps" to protect against damage and injury. The bill also would create liability for "a person with the lawful authority to direct a law enforcement agency" to prohibit law enforcement from taking action that would prevent or materially mitigate significant injury or property destruction related to a riot. The bill defines riot using the broad federal definition of riot. Such broadly worded riot provisions have been used to prosecute peaceful protesters in the past. This bill may pressure law enforcement to police assemblies aggressively to ensure that their policing practices are not second guessed by the federal government resulting in loss of funding or because doing otherwise might open them up to civil litigation. The bill could also lead to the aggressive interpretation of riot statutes against peaceful protesters by prosecutors so as not to risk losing federal funding. A companion bill HR 7786 has been introduced in the House. (See full text of bill here)
Status: defeated / expired
Introduced 22 Jul 2020.
Issue(s): Damage Costs, Police Response, Riot, State Liability
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US Federal
DOT Legislative Proposal: New federal criminal penalties for protests near pipelines
In its proposed congressional reauthorization of pipeline safety programs, the Department of Transportation included expanded criminal penalties that could be applied to protests near gas and oil pipelines. The proposal would newly criminalize under federal law "vandalizing, tampering with, impeding the operation of, disrupting the operation of, or inhibiting the operation of" a pipeline or a pipeline construction site. The offense would be punishable by up to 20 years in prison, and/or a steep fine: up to $250,000 for an individual, or $500,000 for an organization. Any "attempt" or "conspiracy" to commit the offense would likewise be subject to a 20-year prison sentence. Accordingly, individuals as well as organizations that participate in a protest or engage in the planning of a protest deemed to "inhibit" a pipeline construction site could face lengthy prison sentences and/or steep fines. (See full text of bill here)
Status: defeated / expired
Introduced 3 Jun 2019.
Issue(s): Conspiracy, Infrastructure
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US Federal
HR 6054: Harsh penalties for protesters who conceal their identity
The "Unmask Antifa Act of 2018" 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." The name of the bill, introduced by Republican Rep. Daniel Donovan and supported by Reps. Peter King, Ted Budd, and Paul Gosar, refers to the leftist anti-Fascist movement, some members of which have worn masks during protests. The bill expired with the close of the 115th Congress on January 3, 2019. (See full text of bill here)
Status: defeated / expired
Introduced 8 Jun 2018.
Issue(s): Face Covering
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