THE RIGHT TO PROTEST

Summary

Any person convicted of unlawful assembly or riot would be charged with committing a felony if that person was also wearing a mask at the time of the assembly or riot.

Summary

Reconstitutes the definition of rioting to include any action that results in damage to private property. This bill would give law enforcement the ability to make arrests at a peaceful demonstration that they believe may become violent, allowing them to criminally prosecute and seize the assets of any person planning or attending a demonstration at which damage to private property occurs.

Summary

This bill creates the misdemeanor offense of “unlawful mass picketing,” which is defined as any demonstration that hinders “the pursuit of lawful work or employment,” obstructs entrances or exits of buildings, blocks any sort of transportation infrastructure, or occurs at a private residence. At odds with this aim, the bill states that it “does not apply to a person who is validly exercising his or her rights as guaranteed by the United States Constitution or the Arkansas Constitution.”

Summary

Though the bill does not cite protesters directly, it would greatly increase penalties for environmental protesters demonstrating against fossil fuel industries. The law would reclassify “tampering with equipment associated with oil and gas gathering operations” from a class 2 misdemeanor to a class 6 felony which comes with up to 18 months imprisonment and a fine of up to $100,000.

Summary

Prohibits public school teachers and teachers’ organizations from participating in strikes against their employers.

Summary

Institutes criminal penalties for protesters who block traffic, and exempts motor vehicle operators who injure or kill traffic obstructing protesters from liability.

Summary

This bill increases penalties for blocking road or pedestrian traffic, and also allows minors between the ages of 13 and 17 to be tried as adults in cases involving harm to law enforcement officers.

Summary

This bill would broaden the definition of “domestic terrorism” to include any action that violates the laws of the state with the intent to cause bodily harm, to destroy or disable critical infrastructure (defined as transportation, educational, religious, agricultural, energy, economic, and other similar kinds of infrastructure—i.e. those typically targeted by protesters), or to “effectuate any ideology or belief.”

Summary

Requires all public universities and colleges to set forth and adopt policies of free expression, and establishes requirements for said policies. These include mandatory probationary sanctions for any student participating in “protests or demonstrations that infringe upon the rights of others to engage in or listen to expressive activity”. Also requires suspension for one year or expulsion of any student found to have participated in such a protest twice.

Summary

The bill would force officials to act immediately on mass traffic obstructions, defined as 10 or more people, issuing fines for such behavior.

Summary

Creates the crime of “critical infrastructure sabotage” and makes it a Class B felony to impede the normal operation of any “critical infrastructure” in any way.

Summary

Bills in both the House and Senate would create harsher penalties for protesters who block traffic on highways. This includes aggravated misdemeanor charges for a second offense and class D felony charges for a third offense. This bill replaces SF 111.

Summary

Bills in both the House and Senate would create harsher penalties for protesters who block traffic on highways. This includes aggravated misdemeanor charges for a second offense and class D felony charges for a third offense. This bill replaces SSB 1135.

Summary

This bill proposed numerous stipulations to govern “disruption of public protest”. It forbids protesters at a permitted protest from wearing masks or concealing their faces, and prohibits the use of weapons, protection, or shields during such protests. It also makes obstruction of the “regular flow of traffic” a Class A misdemeanor and provides protection for drivers who cause injury or death to such persons. Kentucky’s BR 275 would be unique among similar proposed legislation by protecting drivers who strike protesters both civilly and criminally, as opposed to other versions that provide only civil protection.

Summary

Would create the offense of “conspiracy to engage in unauthorized entry” of a critical infrastructure facility. Penalty up to five years in prison with or without hard labor and a fine of up to $10,000. The bill also broadens the definition of “critical infrastructure”— it now explicitly includes “pipelines” as well as “any site where the construction or improvement of any facility or structure” is taking place, in addition to “any and all structures, equipment, or other immovable or movable property located within or upon” infrastructure facilities.

Summary

This bill creates the offense of interfering with “normal and reasonable movement of vehicular or pedestrian traffic” on a public street or highway. The offense would be punishable by up to $5,000 and a year in jail, as well as convicted persons being held responsible for costs associated with public or private emergency response services related to the incident.

Summary

In December, Michigan Republicans voted that courts can more easily “shut down” mass picketing demonstrations and fine protesters for blocking entrances to businesses, private residences or roadways. When blocked by a court, those who continue to protest can be fined up to $1,000 and unions can be fined up to $10,000 each day.

Certain forms of mass picketing were already prohibited, but leading Representative Gary Glenn stated that the increased incidents meant “the current penalties are not sufficient to deter already-illegal activity.”

Democrats in the General Assembly called the legislation unconstitutional prior to the 57-50 vote, calling it “unnecessary, over-reaching, outrageous, oppressive and un-American,” said Representative Leslie Love.

Summary

In December, Michigan Republicans voted that courts can more easily “shut down” mass picketing demonstrations and fine protesters for blocking entrances to businesses, private residences or roadways. When blocked by a court, those who continue to protest can be fined up to $1,000 and unions can be fined up to $10,000 each day.

Certain forms of mass picketing were already prohibited, but leading Representative Gary Glenn stated that the increased incidents meant “the current penalties are not sufficient to deter already-illegal activity.”

Democrats in the General Assembly called the legislation unconstitutional prior to the 57-50 vote, calling it “unnecessary, over-reaching, outrageous, oppressive and un-American,” said Representative Leslie Love.

Summary

A measure to allow the suing of protesters for law enforcement costs “related to unlawful assemblies and public nuisances.” Bills in both the House and Senate.

Summary

A measure to allow the suing of protesters for law enforcement costs “related to unlawful assemblies and public nuisances.” Bills in both the House and Senate.

Summary

Bills in both the House and Senate increase criminal penalties for traffic-impeding protests.

Summary

Bills in both the House and Senate increase criminal penalties for traffic-impeding protests.

Summary

Bills in both the House and Senate increase criminal penalties for traffic-impeding protests.

Summary

Significantly increases penalties for protesters who block access to critical infrastructure, which is broadly defined in Minnesota to include stations and highways. The bill also extends penalties to any person or entity who “recruits, trains, aids, advises, hires, counsels, or conspires with” such protesters. If the protester trespasses then both he and the person who “recruits, trains, aids, advises, hires, counsels, or conspires with” him are guilty of gross misdemeanor (one year in jail and $3,000). If the protester trespasses with the intent to “significantly disrupt” the normal operation of critical infrastructure, he and the person who “recruits, trains, aids, advises, hires, counsels, or conspires with” him are guilty of a felony (up to 10 years in prison and $20,000 fine).

Summary

Raises potential charge for “maliciously impeding traffic” to a felony.

Summary

This bill would make it illegal to wear a mask or disguise during protests, including gas masks. It would become a misdemeanor and only affect those who are “committing another crime” including rioting or unlawful assembly.

The ACLU states that wearing masks is protected by the First Amendment.

Summary

This law would define an “unlawful assembly” as two or more people who meet “for the purpose of violating any of the criminal laws” at the state or federal level. The bill would also create the new crime of “unlawful traffic interference” (including walking, sitting, standing, lying down, or placing an object on any public roadway, with the intention of impeding traffic). The bill stipulates that commission of “unlawful traffic interference” while participating in an “unlawful assembly” would be a Class D felony, which would carry a penalty of up to seven years in prison.

Summary

This law would define an “unlawful assembly” as two or more people who meet “for the purpose of violating any of the criminal laws” at the state or federal level. The bill would also create the new crime of “unlawful traffic interference” (including walking, sitting, standing, lying down, or placing an object on any public roadway, with the intention of impeding traffic). The bill stipulates that commission of “unlawful traffic interference” while participating in an “unlawful assembly” would be a Class D felony, which would carry a penalty of up to seven years in prison.

Summary

This bill prohibits the state from creating contracts with or investing in people and businesses that promote or engage in boycotts against “American allied nations.”

Summary

This bill would prohibit student groups that participate in “Boycott, Divestment, and Sanctions (BDS) of Israel and American allied nations” (as well as other forms of what it terms “hate speech”) from receiving public funding.

Summary

This bill would prohibit public colleges from funding student groups and participation of any individuals (including faculty) or student groups in any academic meeting where actions have been taken boycotting any country which hosts “higher education institutions chartered by the board of regents of the university of the state of New York.”

Summary

This bill creates the felony offense of “economic terrorism,” which is any criminal offense that “impedes or disrupts the regular course of business” or causes over $1000 worth of property damage with the intent of intimidating the civilian population or any level of government. It also increases criminal penalties for obstructing traffic during demonstrations.

Summary

Senator Dan Bishop introduced a bill to protect former state officials from harassment by protesters for one year past the end of their term. They will be considered by the State to still hold their office for that period of time.

The bill came after former Governor Pat McCrory was followed by a group of protesters during Donald Trump’s inauguration while on a downtown sidewalk. They shouted, “Shame on you!” and other obscenities until he escaped through the back door of a building. A video shows that there was no violence.

McCrory received criticism for signing a law that made North Carolina the first state to require transgender people to use the bathroom matching the gender on their birth certificates.

Summary

An act providing that a person driving an automobile while exercising due care is immune from civil liability for any injury to another if the injured person was participating in a protest or demonstration and blocking traffic in a public street or highway at the time of the injury.

Summary

HB 1193 criminalizes public assembly, making the “intent” to cause more than $1000 in “direct or indirect harm” to a business a felony—this potentially targets actions like boycotts and divestment, which both might cause “indirect” harm. It also declares a state of emergency.

Summary

Classifies the wearing of a mask during the commission of a criminal offense as a class A misdemeanor.

Summary

Raises the penalty for non criminal trespassing, sometimes even to a class C felony.

Summary

This law allows prosecutors to charge people involved in “riots” with more severe crimes: disobeying the orders of law enforcement is now a class A misdemeanor and use of any weapon during a gathering larger than 100 people is a class C felony.

Summary

Allows the Attorney General to appoint peacekeeping forces from other states as “ad hoc special agents.”

Summary

Would have provided liability exemption to drivers who had run over protesters blocking a road. Proposed in direction response to Standing Rock protests.

Summary

To prohibit “criminal trespass, and aggravated trespass on a critical infrastructure facility, to impose fines for organizations that are complicit in those offenses, and to impose civil liability for damage caused by trespass on a critical infrastructure facility.”

Summary

Would prohibit protesters from wearing masks in certain circumstances of protest, with potential for first degree misdemeanor charge ($1,000 fine and six months in jail).

Summary

This bill allows prosecutors to hold any person arrested or convicted of trespassing liable for any damages to property caused during trespassing. It also makes anyone who pays a person to trespass liable for damages. (There is a common belief that many demonstrators are paid, though it has been debunked by many sources.)

Summary

Creates two new felonies and a misdemeanor (with related fines) for trespassing on infrastructure facilities, such as pipelines or railroads.

Summary

“Requires community college or public university to expel any student convicted of riot.”

Summary

Citing costs incurred by North Dakota’s taxpayers in response to Standing Rock protests last year, this bill places responsibility for overtime or other extra law enforcement costs on any protester convicted of a misdemeanor of felony offense in relation to protesting.

Summary

A person driving an automobile who is exercising due care and injures another person who is participating in a protest or demonstration and is blocking traffic in a public right-of-way is immune from civil liability for such injury, but shall not be immune from civil liability if the actions of the driver leading to the injury were willful or wanton.

Summary

This bill makes it a misdemeanor to enter a declared “public safety zone” as a “trespasser.” Furthermore, anyone previously charged with trespassing within the past two years (in any state) will be liable for a felony charge if protesting in a “public safety zone.”

Summary

“As introduced, provides civil immunity for the driver of an automobile who injures a protester who is blocking traffic in a public right-of-way if the driver was exercising due care.”

Summary

“As introduced, provides civil immunity for the driver of an automobile who injures a protester who is blocking traffic in a public right-of-way if the driver was exercising due care.”

Summary

Bills in both the House and Senate would quadruple fines for blocking traffic during demonstrations to $200 from the previous $50.

Summary

A person operating a motor vehicle who injures another person with the motor vehicle is not liable for the injury if, at the time of the injury: (1) the person operating the motor vehicle was exercising due care; and (2) the person injured was blocking traffic in a public right-of-way while participating in a protest or demonstration.

Summary

This anti-protesting bill is large in scope but would dramatically increase penalties for “unlawful assembly” after “having been lawfully warned to disperse.” The current law states this penalty as a class 3 misdemeanor with fines up to $500 maximum. The new bill proposes elevating penalties to a class 1 misdemeanor that comes with up to a year of jail time and fines up to $2,500.

Summary

Senator Doug Ericksen, who campaigned for Donald Trump, is proposing a bill that will create a new crime and punishment for “economic terrorism,” including protests that block transportation and commerce and cause property damage.

The ACLU of Washington released a statement that the bill “throws out a lot of broad rhetoric that appears to be targeting civil disobedience as ‘terrorism.'”

Summary

This executive order, titled “Presidential Executive Order on Restoring State, Tribal, and Local Law Enforcement’s Access to Life-Saving Equipment and Resources”, allows unused military equipment to be given for free to local police departments. Originally introduced in the 1990s, President Obama scaled back the program following widespread protests about the use of force by police departments against African Americans. Trump chose to reinstate the program.

Summary

AN ACT relating to crimes and offenses; creating the crimes of trespassing on critical infrastructure and impeding critical infrastructure; specifying elements; providing penalties; providing definitions; and providing for an effective date.