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.

41 states have
considered
149 bills
26 enacted 17 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Jan. 12, 2021 (Indiana, Nebraska, Ohio), Jan. 11, 2021 (Mississippi), Jan. 8, 2021 (Indiana)
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Wyoming

HB 10: New penalties for protests near critical infrastructure

Would heighten potential penalties for protests near oil pipelines and other infrastructure facilities, including those under construction. The bill creates the offense of "critical infrastructure trespass," defined as entering or remaining on a critical infrastructure facility or the construction site of such a facility, while aware or on notice that presence is not authorized. Under the bill, critical infrastructure trespass is a misdemeanor punishable by up to one year in jail and a fine of $1,000. The bill also creates the offense of “impeding critical infrastructure,” defined as intentionally impeding the operations of or access to an infrastructure facility or facility construction site, or tampering with or damaging facility equipment. A person who impedes critical infrastructure, e.g. by blocking the entrance to a pipeline construction site during a protest, may be charged with a felony, punishable by up to ten years in prison and $10,000 if the impediment results in over $1,000 in damage or lost profits. The bill also provides that an organization that "aids, abets, solicits, compensates, hires, conspires with, commands or procures" a person to commit the crime of impeding critical infrastructure is liable to a fine of up to $100,000 and civil damages to the infrastructure facility for lost profits. "Critical infrastructure facility" is broadly defined and among many other things includes oil and gas pipelines, refineries, water treatment plants, airports, and railroad tracks - or the construction sites thereof. (See full text of bill here)

Status: defeated / expired

Introduced 14 Dec 2018; House consideration denied 4 February 2019

Issue(s): infrastructure, trespass

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Wyoming

HB 0137: Mandatory sanctions for campus protesters

Would create mandatory disciplinary sanctions that could be applied to peaceful protesters on college campuses. The bill requires the University of Wyoming and community colleges to adopt a "free speech protection policy" that includes the mandatory suspension for at least one year or expulsion of any student who is twice found responsible for "infringing upon the expressive rights of others." The bill also calls for a "range of disciplinary sanctions" to be imposed on anyone under the university's jurisdiction who "materially and substantially interferes with the free expression of others." (See full text of bill here)

Status: defeated / expired

Introduced 12 Feb 2018; Failed in House 16 Feb

Issue(s): campus speech

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Wyoming

SF 0074: New penalties for protests near "critical infrastructure"

Would raise potential penalties for protests near oil pipelines and other facilities by providing for the offense of "critical infrastructure trespass." The offense is defined as entering or remaining on a "critical infrastructure facility" while aware or on notice that presence is not authorized. Under the bill, critical infrastructure trespass is a misdemeanor punishable by up to one year in jail and a fine of $1,000. If a person trespasses with the intent to impede the facility's operations, or damage, deface, or tamper with facility equipment, the offense is a felony punishable by up to ten years in prison and a $100,000 fine. The bill also provides that an organization that "aids, abets, solicits, encourages, compensates, conspires, commands or procures" a person to commit felonious infrastructure trespass is liable to a fine of up to $1 million. "Critical infrastructure facility" is broadly defined and among many other things includes oil and gas pipelines, refineries, water treatment plants, railroad tracks, and telephone poles. (See full text of bill here)

Status: defeated / expired

Introduced 7 Feb 2018; Approved by Senate 27 Feb 2018; Approved by House 10 March 2018; Vetoed by Governor Mead 14 March 2018

Issue(s): conspiracy, infrastructure, trespass

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