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
231 bills
36 enacted 52 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Sep. 7, 2021 (Alaska), Sep. 3, 2021 (North Carolina), Sep. 1, 2021 (North Carolina)
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8 entries matching in provided filters in 1 states.
North Dakota

SB 2044: Heightened penalties for protests near critical infrastructure

Enhances potential penalties for individuals who protest near existing and planned gas and oil pipelines by criminalizing acts that interrupt or interfere with critical infrastructure facilities. In addition to prohibiting actual tampering with critical infrastructure property and equipment, the law prohibits "interfering, inhibiting, impeding, or preventing the construction or repair" of a critical infrastructure facility. Further, the law expands the definition of "critical infrastructure facility" to include a "site or location designated or approved for the construction of a facility" such as an oil or gas pipeline. Intentional interruption of a critical infrastructure facility, including by interfering with pipeline construction, is a Class C felony under the law, subject to a penalty of five years' imprisonment, a fine of $10,000, or both. The law also creates organizational liability for such acts: An organization found to have "conspired" with an individual who committed the interference could be criminally liable for ten times the fee imposed on the individual, or up to $100,000. (See full text of bill here)

Status: enacted

Introduced 3 Jan 2019; Approved by Senate 15 Feb 2019; Approved by House 25 March 2019; Signed by Governor Burgum 10 April 2019

Issue(s): Conspiracy, Infrastructure

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North Dakota

HB 1426: Heightened penalties for riot offences

Increases the penalties imposed for riot offenses. Under the law, participation in a riot is a Class A rather than Class B misdemeanor, punishable by up to one year in prison and a $3,000 fine. Engaging in a riot involving more than 100 people is made a Class B felony, subject to 10 years in prison and a $20,000 fine. (See full text of bill here)

Status: enacted

Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017

Issue(s): Riot

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North Dakota

HB 1293: Expanded scope of criminal trespass

Expands the scope of criminal trespass activity under state law such that it could encompass protests, demonstrations, or other gatherings on private property, if notice against trespass is "clear from the circumstances." The offense could be punishable by up to 30 days in jail and a $1,500 fine. The law also creates an additional, noncriminal trespass offense and allows officers to issue a citation with a $250 fine for trespassing. Governor Burgum signed the law on February 23, 2017. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Signed into law 23 Feb 2017

Issue(s): Trespass

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North Dakota

HB 1304: New penalties for protesters who conceal their identity

Prohibits the wearing of masks, hoods, or other device that "conceals any portion" of an individual's face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017

Issue(s): Face Covering

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North Dakota

HB 1240: Restitution penalty for offenses related to "riot"

Would permit a court to order restitution as an additional penalty for riot-related offenses. Under the bill, a person guilty of engaging in or inciting a "riot," or failure to obey law enforcement's orders "during a riot," may be ordered to make restitution for any property "damaged or destroyed in the course of the riot." The bill does not require that a restitution order be linked to an individual's direct responsibility for the damaged property. A bystander at the scene of a protest that was deemed a "riot," for instance, who does not comply with a police officer's orders, could face not only up to one year in jail (the penalty under current law) but also be charged with the cost of replacing property that was damaged by other protesters. "Riot" is defined under North Dakota law as a "public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function." (See full text of bill here)

Status: defeated / expired

Introduced 11 Jan 2021; Failed to pass House 10 February 2021

Issue(s): Damage Costs, Riot

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North Dakota

EXECUTIVE ORDER 2017-01: Mandatory evacuation of Dakota Access Pipeline protest camp

Orders the emergency evacuation of the Oceti Sakowin protest camp where opponents of the Dakota Access Pipeline had been camped for several months. The order cites safety concerns as well as potential environmental damage due to "the presence of accumulated waste, abandoned vehicles and unlawful temporary and permanent dwelling structures in this flood-prone area" as grounds for the eviction. Under the order, all persons "occupying or residing in the evacuation area" had one week to leave. (See full text of bill here)

Status: defeated / expired

Introduced 15 Feb 2017; Issued 15 Feb 2017

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North Dakota

HB 1203: Eliminating driver liability for hitting protesters

Would have eliminated the liability of a motorist who causes "injury or death to an individual obstructing vehicular traffic on a public road, street, or highway," as long as the motorist did so unintentionally. Under the bill, such a motorist would not be liable for any damages nor guilty of an offense. Accordingly, the bill would allow motorists to strike and even kill protesters without liability as long as the collision was negligent or accidental. (See full text of bill here)

Status: defeated / expired

Introduced 16 Jan 2017; Failed in House on 13 Feb 2017

Issue(s): Driver Immunity, Traffic Interference

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North Dakota

HB 1193: Expanding Traffic Interference to Commercial Activity and Creating a New Crime of Causing Economic Harm

Would expand traffic interference to include obstructing a private facility or private commercial equipment. Would also create a new Class C felony offense of committing a misdemeanor with the intent to cause "economic harm" of greater than $1,000 to the government or a private individual. Economic harm does not include law enforcement costs and the law does not apply to constitutionally protected activity. A Class C felony is punishable by up to five years in jail or a $10,000 fine. (See full text of bill here)

Status: defeated / expired

Introduced 9 Jan 2017; Passed by House 2 February 2017; Failed to Pass Senate 28 March 2017

Issue(s): Damage Costs, Traffic Interference

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