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 more information and an analysis of this data, click here. For information about our methodology, click here.

45 states have
considered
246 bills
39 enacted 13 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation

Latest updates: Sep. 23, 2022 (New Jersey), Sep. 19, 2022 (US Federal), Jun. 2, 2022 (Florida)
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4 entries matching in provided filters in 1 states. Clear all filters
New York

A 8342: Mandatory Sanctions for Campus Protesters

Would create new mandatory penalties that could be applied against nonviolent protesters at all state and city colleges and universities in New York. Under the bill, a student that "materially and substantially disrupts the free expression of others" would face a minimum one week suspension for the first offense; a minimum two week suspension for a second offense; a minimum one semester suspension for a third offense; and expulsion for a fourth offense. As such, a student protester that was deemed to interrupt a speaker at an event would be required to be suspended. (See full text of bill here)

Status: pending

Introduced 20 Oct 2021.

Issue(s): Campus Speech

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New York

A 5121 / S 4989: Heightened penalties for "incitement to riot"

Would increase the penalty for incitement to riot from a Class A misdemeanor to a Class E felony, punishable by up to 4 years in prison. Under current New York law, a person can be convicted of inciting a riot if "he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm." The bill does not define what "urges" could include; similar language has been found by courts to be unconstitutionally vague and overbroad. (See full text of bill here)

Status: pending

Introduced 11 Feb 2021.

Issue(s): Riot

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New York

A 11069: Heightened Penalties for Riot and Incitement to Riot

Would enhance the penalties for first and second degree "riot" as well as "incitement to riot." Under New York Law, "incitement to riot" is broadly defined, and could cover a person or organization found to have "urged" a group of people to protest in a "tumultuous and violent" way. The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor. (See full text of bill here)

Status: defeated / expired

Introduced 7 Oct 2020.

Issue(s): Riot

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New York

A 10603: Heightened penalties for "riot" and "incitement to riot" by non-residents

Would heighten the penalties for "riot" and "incitement to riot" for defendants who are not New York residents, by creating two new criminal offenses. Under the bill, a non-resident who either commits "riot in the second degree" or "incitement to riot" is guilty of "travel to riot in the second degree," a Class E felony. Notably, New York law broadly defines "riot in the second degree" to include "tumultuous and violent conduct" with four or more people that "intentionally or recklessly...creates a grave risk of causing public alarm." A person is guilty of "incitement to riot" under New York law if he or she "urges" ten or more people "to engage in tumultuous and violent conduct of a kind likely to create public alarm." The bill creates an additional Class D felony for non-residents who commit first-degree riot. The bill was proposed after widespread protests in New York City following the killing of George Floyd by police in Minneapolis. (See full text of bill here)

Status: defeated / expired

Introduced 5 Jun 2020.

Issue(s): Riot

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