Since January 2019, state legislators have introduced 231 bills to restrict the right of free and peaceful assembly, according to the “U.S. Protest Law Tracker” maintained by the International Center for Not-for-Profit Law. As of early September, thirty-six of these bills had been enacted; another fifty-two are pending. Here are some of the measures that became law in just the past year:
Alabama
SB 152: Allows municipalities to require permits, restrict where protests may occur, and charge organizers an upfront “security deposit for the actual cost” for cleanup, use of law enforcement officers, and “any other actual administrative cost.” Signed into law by Governor Kay Ivey, Republican.
Arkansas
HB 1508: Provides for up to a year in jail for protesters who obstruct a “public passage” like a highway or sidewalk. Also creates a mandatory minimum sentence of thirty days in jail for “rioting,” defined as three or more persons engaging in “tumultuous or violent conduct” that risks “causing public alarm” or disrupting government. Signed into law by Governor Asa Hutchinson, Republican.
Florida
HB 1/SB 484: Expands the definition of “riot” to mean three or more persons who willfully take part in “violent and disorderly conduct.” Prescribes penalties for actions that create an “imminent danger” of injury to people or damage to property, whether or not this occurs. Causing damage of $200 or more to any memorial or historic property is now a third degree felony offense in the state, punishable by up to five years in prison. Signed into law by Governor Ron DeSantis, Republican.
Iowa
SF 342: Defines a riot as “three or more persons assembled together in a violent and disturbing manner” and stiffens penalties for “unlawful assembly.” Reclassifies obstructing a street or sidewalk while “present during a riot” as a Class D felony, punishable by up to five years in prison and a $7,500 fine. Makes drivers who injure protesters with their cars, in most cases, immune from liability. Signed into law by Governor Kim Reynolds, Republican.
Kansas
SB 172: Creates new criminal offenses for entering or remaining in a “critical infrastructure” facility or a property with “intent to damage, destroy, or tamper with” such a facility. Defines critical infrastructure as anything having to do with crude oil or natural gas. Signed into law by Governor Laura Kelly, Democrat.
Montana
HB 481: Hikes penalties for protests near oil pipelines and other “critical infrastructure” facilities, including those under construction. Makes it a crime to “willfully and knowingly” enter a critical infrastructure facility property that is posted or fenced. Subjects groups that conspire to trespass on critical infrastructure to ten times the fines for individuals. Signed into law by Governor Greg Gianforte, Republican.
Oklahoma
HB 1674: Creates new penalties for protesters who obstruct traffic while participating in a “riot,” and protects drivers who “unintentionally” hit them if they have a “reasonable belief” that their lives are in danger. Defines “obstruct” to include rendering the street or highway “unreasonably inconvenient or hazardous” for cars. Also includes a ten-fold hike in fines for groups that conspire to commit these crimes. Signed into law by Governor Kevin Stitt, Republican.
Tennessee
SB 8005: Heightens penalties for offenses including “unauthorized camping on state property,” inciting a riot, and obstructing a highway. Requires violators to pay “restitution for any property damage or loss incurred as a result of the offense.” Signed into law by Governor Bill Lee, Republican.