#pipelineprotests — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #pipelineprotests, aggregated by home.social.
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From 2021... This started before #Trump, but things are way worse now!
#AntiProtestLaws Threaten #Indigenous and #Climate Movements
“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.
Kaylana Mueller-Hsia, March 17, 2021
"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.
"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.
"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'
"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.
"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.
"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.
"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.
"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.
"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.
"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.
"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.
"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."
#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux
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From 2021... This started before #Trump, but things are way worse now!
#AntiProtestLaws Threaten #Indigenous and #Climate Movements
“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.
Kaylana Mueller-Hsia, March 17, 2021
"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.
"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.
"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'
"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.
"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.
"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.
"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.
"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.
"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.
"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.
"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.
"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."
#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux
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From 2021... This started before #Trump, but things are way worse now!
#AntiProtestLaws Threaten #Indigenous and #Climate Movements
“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.
Kaylana Mueller-Hsia, March 17, 2021
"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.
"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.
"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'
"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.
"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.
"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.
"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.
"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.
"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.
"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.
"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.
"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."
#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux
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From 2021... This started before #Trump, but things are way worse now!
#AntiProtestLaws Threaten #Indigenous and #Climate Movements
“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.
Kaylana Mueller-Hsia, March 17, 2021
"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.
"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.
"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'
"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.
"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.
"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.
"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.
"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.
"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.
"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.
"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.
"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."
#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux
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From 2021... This started before #Trump, but things are way worse now!
#AntiProtestLaws Threaten #Indigenous and #Climate Movements
“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.
Kaylana Mueller-Hsia, March 17, 2021
"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.
"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.
"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'
"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.
"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.
"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.
"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.
"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.
"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.
"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.
"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.
"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."
#BrennanCenter #Authoritarianism #Fascism #NoDAPL #NoKXL #PipelineProtests #WaterIsLife #ACAB #ErikPrince #BigOilAndGas #Oiligarchy #CorporateColonialism #EnvironmentalRacism #WaterIsLife #AirIsLife #ExxonLied #Blackwater #StandWithStandingRock #StandingRockSioux
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State by State Pending and recently passed #AntiProtestLaws: #Wisconsin
AB 426: New penalties for protests near gas and oil pipelines
Creates new potential penalties for protests near oil and gas #pipelines and other property of "energy providers." The law expands existing provisions related to trespass and property damage to broadly include the property of all companies in the oil and gas industry. Under the law, trespass onto the property of any "company that operates a #gas, #oil, petroleum, refined #petroleum product, renewable fuel, water, or chemical generation, storage, transportation, or delivery system" is a Class H felony, punishable by six years in prison and a fine of $10,000. Accordingly, protests in a range of locations may be covered, whether on land containing a pipeline or the corporate headquarters of an oil company. Any damage to property of such a company, with the intent to "cause substantial interruption or impairment of any service or good" provided by the company, is likewise a Class H felony under the law.
Full text of bill:
https://docs.legis.wisconsin.gov/2019/proposals/reg/asm/bill/ab426Status: enacted
Introduced 12 Sep 2019; Approved by Assembly 11 October 2019; Approved by Senate 5 November 2019; Signed by Governor Evers on 21 November 2019
Issue(s): Infrastructure, Trespass
AB 88: BROAD NEW DEFINITION OF "RIOT" and related felony offenses and civil liability
Would broadly define "riot" under Wisconsin law and create #vague new felony offenses as well as expansive civil liability that could cover #PeacefulProtest activity. The bill defines a “riot” as a “public disturbance” involving an act of violence or the threat of violence by someone in a gathering of 3 or more people. No actual damage or injury need take place for a gathering to become a “riot,” only a “clear and present danger” of damage or injury. As such, a large street protest where a single participant threatens to push somebody could be deemed a "riot," with no actual violence or property damage being committed by anyone. The bill creates a Class I felony offense—punishable by up to 3.5 years in prison and a $10,000 fine—for anyone who intentionally incites another “to commit a ‘riot.’” The bill defines “incite” as “to urge, promote, organize, encourage, or instigate other persons.” As drafted, the incitement offense is not limited to urging actual violence against people or property, but could seemingly cover any expression of support for demonstrators in a crowd that had been deemed a “riot.” The bill also creates a Class H felony—punishable by up to 6 years in prison and $10,000—for someone who intentionally "commits an act of violence” (not defined) while part of a “riot.” Finally, the bill makes civilly liable protesters who allegedly commit a “riot” or “vandalism” offense, as well as any person or organization that provides “material support or resources” intending that they be used to engage in such conduct. Civil liability would apply regardless of whether anyone was criminally charged or convicted of “riot” or “#vandalism.” The bill’s definition of “material support” is similar to the broad federal law definition of material support for terrorism, and includes funding as well as “communications” and “training.” As such, the civil liability provisions could make individuals and groups even indirectly involved in organizing or otherwise supporting protests vulnerable to lawsuits and extensive monetary damages.
Full text of bill:
https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab88Status: pending
Introduced 28 Feb 2025.
Issue(s): Civil Liability, #ProtestSupporters or Funders, #Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #BigOilAndGas #Oiligarchy -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - Part 2
HB 3135: New penalties for #protesters who block #streets and #sidewalksWould create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by at least $500 and one month in jail. A second or subsequent offense would be a felony, punishable by at least $1,000 and at least three months and up to three years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms. A substantially similar bill was introduced as HB 5446 in 2024.
Full bill text:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=3135&year=2025&sessiontype=RSStatus: pending
Introduced 4 Mar 2025.
Issue(s): Traffic Interference
HB 2757: Potential "#terrorism" charges for #NonviolentProtesters
Would create several new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent #MassAction,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that participation in a “terrorist violent mass action” constitutes an “terrorist act,” and any entity that uses such actions “to advance its agenda” is a “terrorist group.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable of “terrorist violent mass action.” As such, someone who peacefully participates in a #nonviolent but #rowdy protest where a few individuals commit #PropertyDamage could conceivably face “terrorism” charges. Likewise, a #NonprofitGroup involved in organizing or supporting such a protest “to advance its agenda” could be deemed a “#TerroristOrganization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”—broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new felony “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As written, that could cover a large, peaceful march that even temporarily stops traffic. Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. The bill also creates new felony “threatening terrorism” offenses for a person or group that "for political reasons blockades property containing critical infrastructure,” or that “trespasses for political reasons onto property containing critical infrastructure.” As such, nonviolent protesters who block a road to a pipeline or enter onto pipeline property could face “threatening terrorism” charges, punishable by up to 10 years in prison. A nearly identical bill was proposed in 2024 (HB 4994) and 2023 (HB 2916).
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2757&year=2025&sessiontype=RSStatus: pending
Introduced 21 Feb 2025.
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Infrastructure, Riot, Terrorism, #TrafficInterference, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - Part 2
HB 3135: New penalties for #protesters who block #streets and #sidewalksWould create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by at least $500 and one month in jail. A second or subsequent offense would be a felony, punishable by at least $1,000 and at least three months and up to three years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms. A substantially similar bill was introduced as HB 5446 in 2024.
Full bill text:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=3135&year=2025&sessiontype=RSStatus: pending
Introduced 4 Mar 2025.
Issue(s): Traffic Interference
HB 2757: Potential "#terrorism" charges for #NonviolentProtesters
Would create several new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent #MassAction,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that participation in a “terrorist violent mass action” constitutes an “terrorist act,” and any entity that uses such actions “to advance its agenda” is a “terrorist group.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable of “terrorist violent mass action.” As such, someone who peacefully participates in a #nonviolent but #rowdy protest where a few individuals commit #PropertyDamage could conceivably face “terrorism” charges. Likewise, a #NonprofitGroup involved in organizing or supporting such a protest “to advance its agenda” could be deemed a “#TerroristOrganization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”—broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new felony “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As written, that could cover a large, peaceful march that even temporarily stops traffic. Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. The bill also creates new felony “threatening terrorism” offenses for a person or group that "for political reasons blockades property containing critical infrastructure,” or that “trespasses for political reasons onto property containing critical infrastructure.” As such, nonviolent protesters who block a road to a pipeline or enter onto pipeline property could face “threatening terrorism” charges, punishable by up to 10 years in prison. A nearly identical bill was proposed in 2024 (HB 4994) and 2023 (HB 2916).
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2757&year=2025&sessiontype=RSStatus: pending
Introduced 21 Feb 2025.
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Infrastructure, Riot, Terrorism, #TrafficInterference, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - Part 2
HB 3135: New penalties for #protesters who block #streets and #sidewalksWould create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by at least $500 and one month in jail. A second or subsequent offense would be a felony, punishable by at least $1,000 and at least three months and up to three years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms. A substantially similar bill was introduced as HB 5446 in 2024.
Full bill text:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=3135&year=2025&sessiontype=RSStatus: pending
Introduced 4 Mar 2025.
Issue(s): Traffic Interference
HB 2757: Potential "#terrorism" charges for #NonviolentProtesters
Would create several new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent #MassAction,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that participation in a “terrorist violent mass action” constitutes an “terrorist act,” and any entity that uses such actions “to advance its agenda” is a “terrorist group.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable of “terrorist violent mass action.” As such, someone who peacefully participates in a #nonviolent but #rowdy protest where a few individuals commit #PropertyDamage could conceivably face “terrorism” charges. Likewise, a #NonprofitGroup involved in organizing or supporting such a protest “to advance its agenda” could be deemed a “#TerroristOrganization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”—broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new felony “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As written, that could cover a large, peaceful march that even temporarily stops traffic. Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. The bill also creates new felony “threatening terrorism” offenses for a person or group that "for political reasons blockades property containing critical infrastructure,” or that “trespasses for political reasons onto property containing critical infrastructure.” As such, nonviolent protesters who block a road to a pipeline or enter onto pipeline property could face “threatening terrorism” charges, punishable by up to 10 years in prison. A nearly identical bill was proposed in 2024 (HB 4994) and 2023 (HB 2916).
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2757&year=2025&sessiontype=RSStatus: pending
Introduced 21 Feb 2025.
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Infrastructure, Riot, Terrorism, #TrafficInterference, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - Part 2
HB 3135: New penalties for #protesters who block #streets and #sidewalksWould create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by at least $500 and one month in jail. A second or subsequent offense would be a felony, punishable by at least $1,000 and at least three months and up to three years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms. A substantially similar bill was introduced as HB 5446 in 2024.
Full bill text:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=3135&year=2025&sessiontype=RSStatus: pending
Introduced 4 Mar 2025.
Issue(s): Traffic Interference
HB 2757: Potential "#terrorism" charges for #NonviolentProtesters
Would create several new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent #MassAction,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that participation in a “terrorist violent mass action” constitutes an “terrorist act,” and any entity that uses such actions “to advance its agenda” is a “terrorist group.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable of “terrorist violent mass action.” As such, someone who peacefully participates in a #nonviolent but #rowdy protest where a few individuals commit #PropertyDamage could conceivably face “terrorism” charges. Likewise, a #NonprofitGroup involved in organizing or supporting such a protest “to advance its agenda” could be deemed a “#TerroristOrganization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”—broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new felony “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As written, that could cover a large, peaceful march that even temporarily stops traffic. Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. The bill also creates new felony “threatening terrorism” offenses for a person or group that "for political reasons blockades property containing critical infrastructure,” or that “trespasses for political reasons onto property containing critical infrastructure.” As such, nonviolent protesters who block a road to a pipeline or enter onto pipeline property could face “threatening terrorism” charges, punishable by up to 10 years in prison. A nearly identical bill was proposed in 2024 (HB 4994) and 2023 (HB 2916).
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2757&year=2025&sessiontype=RSStatus: pending
Introduced 21 Feb 2025.
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Infrastructure, Riot, Terrorism, #TrafficInterference, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - Part 2
HB 3135: New penalties for #protesters who block #streets and #sidewalksWould create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by at least $500 and one month in jail. A second or subsequent offense would be a felony, punishable by at least $1,000 and at least three months and up to three years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms. A substantially similar bill was introduced as HB 5446 in 2024.
Full bill text:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=3135&year=2025&sessiontype=RSStatus: pending
Introduced 4 Mar 2025.
Issue(s): Traffic Interference
HB 2757: Potential "#terrorism" charges for #NonviolentProtesters
Would create several new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent #MassAction,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that participation in a “terrorist violent mass action” constitutes an “terrorist act,” and any entity that uses such actions “to advance its agenda” is a “terrorist group.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable of “terrorist violent mass action.” As such, someone who peacefully participates in a #nonviolent but #rowdy protest where a few individuals commit #PropertyDamage could conceivably face “terrorism” charges. Likewise, a #NonprofitGroup involved in organizing or supporting such a protest “to advance its agenda” could be deemed a “#TerroristOrganization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”—broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new felony “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As written, that could cover a large, peaceful march that even temporarily stops traffic. Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. The bill also creates new felony “threatening terrorism” offenses for a person or group that "for political reasons blockades property containing critical infrastructure,” or that “trespasses for political reasons onto property containing critical infrastructure.” As such, nonviolent protesters who block a road to a pipeline or enter onto pipeline property could face “threatening terrorism” charges, punishable by up to 10 years in prison. A nearly identical bill was proposed in 2024 (HB 4994) and 2023 (HB 2916).
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2757&year=2025&sessiontype=RSStatus: pending
Introduced 21 Feb 2025.
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Infrastructure, Riot, Terrorism, #TrafficInterference, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - part 1
HB 5091: Heightened penalties for #protesters near #pipelines and other infrastructureIncreases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=5091&year=2024&sessiontype=RSStatus: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass
HB 4615: New penalties for protests near gas and oil pipelines
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The law newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4615&year=2020&sessiontype=RSStatus: enacted
Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
HB 4618: Eliminating #PoliceLiability for deaths while dispersing #riots and unlawful assemblies
Reaffirms West Virginia's problematic law on rioting, and adds the West Virginia Capitol Police to those authorities who cannot be held liable for the deaths and wounding of individuals in the course of dispersing riots and unlawful assemblies. Under prior West Virginia law, the State Police, sheriffs, and mayors had authority to use means such as curfews and warrantless searches to disperse riots and unlawful assemblies; the law reaffirms and extends this authority to the Capitol Police. According to the law, if a bystander is asked to assist in the dispersal and fails to do so, he or she "shall be deemed a rioter." The law also adds Capitol Police to existing provisions eliminating liability if anyone present, "as spectator or otherwise, be killed or wounded," while the authorities used "any means" to disperse riots or unlawful assemblies or arrest those involved. The law was passed during a statewide strike by #WestVirginiaTeachers, thousands of whom protested in February 2018 at the #StateCapitol.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4618&year=2018&sessiontype=RSStatus: enacted
Introduced 13 Feb 2018; Approved by House 22 February 2018; Approved by Senate 8 March 2018; Signed by Governor Justice 10 March 2018
Issue(s): Police Response, Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TeachersStrike #ACAB -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - part 1
HB 5091: Heightened penalties for #protesters near #pipelines and other infrastructureIncreases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=5091&year=2024&sessiontype=RSStatus: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass
HB 4615: New penalties for protests near gas and oil pipelines
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The law newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4615&year=2020&sessiontype=RSStatus: enacted
Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
HB 4618: Eliminating #PoliceLiability for deaths while dispersing #riots and unlawful assemblies
Reaffirms West Virginia's problematic law on rioting, and adds the West Virginia Capitol Police to those authorities who cannot be held liable for the deaths and wounding of individuals in the course of dispersing riots and unlawful assemblies. Under prior West Virginia law, the State Police, sheriffs, and mayors had authority to use means such as curfews and warrantless searches to disperse riots and unlawful assemblies; the law reaffirms and extends this authority to the Capitol Police. According to the law, if a bystander is asked to assist in the dispersal and fails to do so, he or she "shall be deemed a rioter." The law also adds Capitol Police to existing provisions eliminating liability if anyone present, "as spectator or otherwise, be killed or wounded," while the authorities used "any means" to disperse riots or unlawful assemblies or arrest those involved. The law was passed during a statewide strike by #WestVirginiaTeachers, thousands of whom protested in February 2018 at the #StateCapitol.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4618&year=2018&sessiontype=RSStatus: enacted
Introduced 13 Feb 2018; Approved by House 22 February 2018; Approved by Senate 8 March 2018; Signed by Governor Justice 10 March 2018
Issue(s): Police Response, Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TeachersStrike #ACAB -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - part 1
HB 5091: Heightened penalties for #protesters near #pipelines and other infrastructureIncreases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=5091&year=2024&sessiontype=RSStatus: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass
HB 4615: New penalties for protests near gas and oil pipelines
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The law newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4615&year=2020&sessiontype=RSStatus: enacted
Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
HB 4618: Eliminating #PoliceLiability for deaths while dispersing #riots and unlawful assemblies
Reaffirms West Virginia's problematic law on rioting, and adds the West Virginia Capitol Police to those authorities who cannot be held liable for the deaths and wounding of individuals in the course of dispersing riots and unlawful assemblies. Under prior West Virginia law, the State Police, sheriffs, and mayors had authority to use means such as curfews and warrantless searches to disperse riots and unlawful assemblies; the law reaffirms and extends this authority to the Capitol Police. According to the law, if a bystander is asked to assist in the dispersal and fails to do so, he or she "shall be deemed a rioter." The law also adds Capitol Police to existing provisions eliminating liability if anyone present, "as spectator or otherwise, be killed or wounded," while the authorities used "any means" to disperse riots or unlawful assemblies or arrest those involved. The law was passed during a statewide strike by #WestVirginiaTeachers, thousands of whom protested in February 2018 at the #StateCapitol.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4618&year=2018&sessiontype=RSStatus: enacted
Introduced 13 Feb 2018; Approved by House 22 February 2018; Approved by Senate 8 March 2018; Signed by Governor Justice 10 March 2018
Issue(s): Police Response, Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TeachersStrike #ACAB -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - part 1
HB 5091: Heightened penalties for #protesters near #pipelines and other infrastructureIncreases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=5091&year=2024&sessiontype=RSStatus: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass
HB 4615: New penalties for protests near gas and oil pipelines
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The law newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4615&year=2020&sessiontype=RSStatus: enacted
Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
HB 4618: Eliminating #PoliceLiability for deaths while dispersing #riots and unlawful assemblies
Reaffirms West Virginia's problematic law on rioting, and adds the West Virginia Capitol Police to those authorities who cannot be held liable for the deaths and wounding of individuals in the course of dispersing riots and unlawful assemblies. Under prior West Virginia law, the State Police, sheriffs, and mayors had authority to use means such as curfews and warrantless searches to disperse riots and unlawful assemblies; the law reaffirms and extends this authority to the Capitol Police. According to the law, if a bystander is asked to assist in the dispersal and fails to do so, he or she "shall be deemed a rioter." The law also adds Capitol Police to existing provisions eliminating liability if anyone present, "as spectator or otherwise, be killed or wounded," while the authorities used "any means" to disperse riots or unlawful assemblies or arrest those involved. The law was passed during a statewide strike by #WestVirginiaTeachers, thousands of whom protested in February 2018 at the #StateCapitol.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4618&year=2018&sessiontype=RSStatus: enacted
Introduced 13 Feb 2018; Approved by House 22 February 2018; Approved by Senate 8 March 2018; Signed by Governor Justice 10 March 2018
Issue(s): Police Response, Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TeachersStrike #ACAB -
State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - part 1
HB 5091: Heightened penalties for #protesters near #pipelines and other infrastructureIncreases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=5091&year=2024&sessiontype=RSStatus: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass
HB 4615: New penalties for protests near gas and oil pipelines
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The law newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4615&year=2020&sessiontype=RSStatus: enacted
Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
HB 4618: Eliminating #PoliceLiability for deaths while dispersing #riots and unlawful assemblies
Reaffirms West Virginia's problematic law on rioting, and adds the West Virginia Capitol Police to those authorities who cannot be held liable for the deaths and wounding of individuals in the course of dispersing riots and unlawful assemblies. Under prior West Virginia law, the State Police, sheriffs, and mayors had authority to use means such as curfews and warrantless searches to disperse riots and unlawful assemblies; the law reaffirms and extends this authority to the Capitol Police. According to the law, if a bystander is asked to assist in the dispersal and fails to do so, he or she "shall be deemed a rioter." The law also adds Capitol Police to existing provisions eliminating liability if anyone present, "as spectator or otherwise, be killed or wounded," while the authorities used "any means" to disperse riots or unlawful assemblies or arrest those involved. The law was passed during a statewide strike by #WestVirginiaTeachers, thousands of whom protested in February 2018 at the #StateCapitol.
Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=4618&year=2018&sessiontype=RSStatus: enacted
Introduced 13 Feb 2018; Approved by House 22 February 2018; Approved by Senate 8 March 2018; Signed by Governor Justice 10 March 2018
Issue(s): Police Response, Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TeachersStrike #ACAB -
State by State Pending and recently passed #AntiProtestLaws: #Utah
SB 173: Criminal penalties for protests that disturb legislative or other government meetings
Creates new potential penalties for individuals protesting convenings of the legislature or other meetings of government officials. The law expands "disorderly conduct" to include a person who recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. "#DisorderlyConduct" also includes obstructing #PedestrianTraffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The law also increases the penalty for disorderly conduct, such that it is punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if a person was warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, the law could, for example, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length."
Full text of bill:
https://le.utah.gov/~2020/bills/static/SB0173.htmlStatus: enacted
Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020
HB 370: New Penalties for Protests Near #Pipelines, #Roadways, and other #Infrastructure
**Note: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created new potential criminal liability for protesters in many locations by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. The bill's original text had a sweeping definition of "critical infrastructure facility" that included highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and energy infrastructure including pipelines--whether under construction or operational. The bill created a new felony offense for "inhibiting," or "impeding" the facility, its equipment, or operation, such that protesters who intentionally inhibited or impeded the operation of a roadway or construction of a pipeline could have faced life in prison. Amendments to the bill substantially narrowed the offense, however. The enacted law criminalizes "substantially... inhibiting or impeding" the operation of critical infrastructure only if doing so "causes widespread injury or damage to persons or property." Amendments also narrowed the definition of "critical infrastructure facility," including by removing highways, bridges, transportation systems, food distribution systems, law enforcement response systems, and financial systems from the definition.
Full text here:
https://le.utah.gov/~2023/bills/static/HB0370.htmlStatus: enacted with improvements
Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023; Signed by Governor Cox 14 March 2023
Issue(s): Infrastructure, #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Utah
SB 173: Criminal penalties for protests that disturb legislative or other government meetings
Creates new potential penalties for individuals protesting convenings of the legislature or other meetings of government officials. The law expands "disorderly conduct" to include a person who recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. "#DisorderlyConduct" also includes obstructing #PedestrianTraffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The law also increases the penalty for disorderly conduct, such that it is punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if a person was warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, the law could, for example, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length."
Full text of bill:
https://le.utah.gov/~2020/bills/static/SB0173.htmlStatus: enacted
Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020
HB 370: New Penalties for Protests Near #Pipelines, #Roadways, and other #Infrastructure
**Note: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created new potential criminal liability for protesters in many locations by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. The bill's original text had a sweeping definition of "critical infrastructure facility" that included highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and energy infrastructure including pipelines--whether under construction or operational. The bill created a new felony offense for "inhibiting," or "impeding" the facility, its equipment, or operation, such that protesters who intentionally inhibited or impeded the operation of a roadway or construction of a pipeline could have faced life in prison. Amendments to the bill substantially narrowed the offense, however. The enacted law criminalizes "substantially... inhibiting or impeding" the operation of critical infrastructure only if doing so "causes widespread injury or damage to persons or property." Amendments also narrowed the definition of "critical infrastructure facility," including by removing highways, bridges, transportation systems, food distribution systems, law enforcement response systems, and financial systems from the definition.
Full text here:
https://le.utah.gov/~2023/bills/static/HB0370.htmlStatus: enacted with improvements
Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023; Signed by Governor Cox 14 March 2023
Issue(s): Infrastructure, #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Utah
SB 173: Criminal penalties for protests that disturb legislative or other government meetings
Creates new potential penalties for individuals protesting convenings of the legislature or other meetings of government officials. The law expands "disorderly conduct" to include a person who recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. "#DisorderlyConduct" also includes obstructing #PedestrianTraffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The law also increases the penalty for disorderly conduct, such that it is punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if a person was warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, the law could, for example, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length."
Full text of bill:
https://le.utah.gov/~2020/bills/static/SB0173.htmlStatus: enacted
Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020
HB 370: New Penalties for Protests Near #Pipelines, #Roadways, and other #Infrastructure
**Note: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created new potential criminal liability for protesters in many locations by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. The bill's original text had a sweeping definition of "critical infrastructure facility" that included highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and energy infrastructure including pipelines--whether under construction or operational. The bill created a new felony offense for "inhibiting," or "impeding" the facility, its equipment, or operation, such that protesters who intentionally inhibited or impeded the operation of a roadway or construction of a pipeline could have faced life in prison. Amendments to the bill substantially narrowed the offense, however. The enacted law criminalizes "substantially... inhibiting or impeding" the operation of critical infrastructure only if doing so "causes widespread injury or damage to persons or property." Amendments also narrowed the definition of "critical infrastructure facility," including by removing highways, bridges, transportation systems, food distribution systems, law enforcement response systems, and financial systems from the definition.
Full text here:
https://le.utah.gov/~2023/bills/static/HB0370.htmlStatus: enacted with improvements
Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023; Signed by Governor Cox 14 March 2023
Issue(s): Infrastructure, #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Utah
SB 173: Criminal penalties for protests that disturb legislative or other government meetings
Creates new potential penalties for individuals protesting convenings of the legislature or other meetings of government officials. The law expands "disorderly conduct" to include a person who recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. "#DisorderlyConduct" also includes obstructing #PedestrianTraffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The law also increases the penalty for disorderly conduct, such that it is punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if a person was warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, the law could, for example, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length."
Full text of bill:
https://le.utah.gov/~2020/bills/static/SB0173.htmlStatus: enacted
Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020
HB 370: New Penalties for Protests Near #Pipelines, #Roadways, and other #Infrastructure
**Note: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created new potential criminal liability for protesters in many locations by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. The bill's original text had a sweeping definition of "critical infrastructure facility" that included highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and energy infrastructure including pipelines--whether under construction or operational. The bill created a new felony offense for "inhibiting," or "impeding" the facility, its equipment, or operation, such that protesters who intentionally inhibited or impeded the operation of a roadway or construction of a pipeline could have faced life in prison. Amendments to the bill substantially narrowed the offense, however. The enacted law criminalizes "substantially... inhibiting or impeding" the operation of critical infrastructure only if doing so "causes widespread injury or damage to persons or property." Amendments also narrowed the definition of "critical infrastructure facility," including by removing highways, bridges, transportation systems, food distribution systems, law enforcement response systems, and financial systems from the definition.
Full text here:
https://le.utah.gov/~2023/bills/static/HB0370.htmlStatus: enacted with improvements
Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023; Signed by Governor Cox 14 March 2023
Issue(s): Infrastructure, #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Utah
SB 173: Criminal penalties for protests that disturb legislative or other government meetings
Creates new potential penalties for individuals protesting convenings of the legislature or other meetings of government officials. The law expands "disorderly conduct" to include a person who recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. "#DisorderlyConduct" also includes obstructing #PedestrianTraffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The law also increases the penalty for disorderly conduct, such that it is punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if a person was warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, the law could, for example, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length."
Full text of bill:
https://le.utah.gov/~2020/bills/static/SB0173.htmlStatus: enacted
Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020
HB 370: New Penalties for Protests Near #Pipelines, #Roadways, and other #Infrastructure
**Note: This bill was amended prior to its passage, and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created new potential criminal liability for protesters in many locations by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. The bill's original text had a sweeping definition of "critical infrastructure facility" that included highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and energy infrastructure including pipelines--whether under construction or operational. The bill created a new felony offense for "inhibiting," or "impeding" the facility, its equipment, or operation, such that protesters who intentionally inhibited or impeded the operation of a roadway or construction of a pipeline could have faced life in prison. Amendments to the bill substantially narrowed the offense, however. The enacted law criminalizes "substantially... inhibiting or impeding" the operation of critical infrastructure only if doing so "causes widespread injury or damage to persons or property." Amendments also narrowed the definition of "critical infrastructure facility," including by removing highways, bridges, transportation systems, food distribution systems, law enforcement response systems, and financial systems from the definition.
Full text here:
https://le.utah.gov/~2023/bills/static/HB0370.htmlStatus: enacted with improvements
Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023; Signed by Governor Cox 14 March 2023
Issue(s): Infrastructure, #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Texas
HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure
Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557Status: enacted
Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019
Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #Texas
HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure
Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557Status: enacted
Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019
Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #Texas
HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure
Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557Status: enacted
Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019
Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #Texas
HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure
Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557Status: enacted
Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019
Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #Texas
HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure
Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557Status: enacted
Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019
Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #SouthDakota
SB 151: New penalties for #protests near #pipelines and other infrastructure
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator."
Full text of bill:
https://sdlegislature.gov/Session/Bill/12001Status: enacted
Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020
Issue(s): #ProtestSupporters or Funders, Infrastructure, Trespass
HB 1117: New criminal and civil liability for "incitement to riot"
Revises the state's laws on rioting and replaces a "riot-boosting" law that was passed in 2019 but later blocked by a federal court as unconstitutional. The law revises the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the law, "incitement to riot" is a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The law defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the law, individuals may additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target protests against construction of the #KeystoneXL and other pipelines.
Full text of bill:
https://sdlegislature.gov/Session/Bills/43Status: enacted
Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Riot
SB 189: Expanded civil liability for protesters and protest funders
**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.** SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision. Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. The law was introduced in response to pipeline protests in other states and ahead of construction of the Keystone XL pipeline in South Dakota.
Full text of bill:
https://sdlegislature.gov/Session/Bill/10176Status: enacted
Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019
Issue(s): #CivilLiability, #ProtestSupporters or Funders, Infrastructure, Riot
SB 176: Expanding governor's power to restrict certain protests
Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. The law was proposed by Governor Daugaard to address potential pipeline protests.
Full text of bill:
https://mylrc.sdlegislature.gov/api/Documents/284178.pdfStatus: enacted
Introduced 3 Mar 2017; Signed by Governor Daugaard 14 March 2017
Issue(s): #TrafficInterference, #Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #NoKXL #WaterDefenders -
State by State Pending and recently passed #AntiProtestLaws: #SouthDakota
SB 151: New penalties for #protests near #pipelines and other infrastructure
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator."
Full text of bill:
https://sdlegislature.gov/Session/Bill/12001Status: enacted
Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020
Issue(s): #ProtestSupporters or Funders, Infrastructure, Trespass
HB 1117: New criminal and civil liability for "incitement to riot"
Revises the state's laws on rioting and replaces a "riot-boosting" law that was passed in 2019 but later blocked by a federal court as unconstitutional. The law revises the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the law, "incitement to riot" is a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The law defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the law, individuals may additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target protests against construction of the #KeystoneXL and other pipelines.
Full text of bill:
https://sdlegislature.gov/Session/Bills/43Status: enacted
Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Riot
SB 189: Expanded civil liability for protesters and protest funders
**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.** SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision. Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. The law was introduced in response to pipeline protests in other states and ahead of construction of the Keystone XL pipeline in South Dakota.
Full text of bill:
https://sdlegislature.gov/Session/Bill/10176Status: enacted
Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019
Issue(s): #CivilLiability, #ProtestSupporters or Funders, Infrastructure, Riot
SB 176: Expanding governor's power to restrict certain protests
Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. The law was proposed by Governor Daugaard to address potential pipeline protests.
Full text of bill:
https://mylrc.sdlegislature.gov/api/Documents/284178.pdfStatus: enacted
Introduced 3 Mar 2017; Signed by Governor Daugaard 14 March 2017
Issue(s): #TrafficInterference, #Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #NoKXL #WaterDefenders -
State by State Pending and recently passed #AntiProtestLaws: #SouthDakota
SB 151: New penalties for #protests near #pipelines and other infrastructure
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator."
Full text of bill:
https://sdlegislature.gov/Session/Bill/12001Status: enacted
Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020
Issue(s): #ProtestSupporters or Funders, Infrastructure, Trespass
HB 1117: New criminal and civil liability for "incitement to riot"
Revises the state's laws on rioting and replaces a "riot-boosting" law that was passed in 2019 but later blocked by a federal court as unconstitutional. The law revises the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the law, "incitement to riot" is a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The law defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the law, individuals may additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target protests against construction of the #KeystoneXL and other pipelines.
Full text of bill:
https://sdlegislature.gov/Session/Bills/43Status: enacted
Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Riot
SB 189: Expanded civil liability for protesters and protest funders
**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.** SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision. Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. The law was introduced in response to pipeline protests in other states and ahead of construction of the Keystone XL pipeline in South Dakota.
Full text of bill:
https://sdlegislature.gov/Session/Bill/10176Status: enacted
Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019
Issue(s): #CivilLiability, #ProtestSupporters or Funders, Infrastructure, Riot
SB 176: Expanding governor's power to restrict certain protests
Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. The law was proposed by Governor Daugaard to address potential pipeline protests.
Full text of bill:
https://mylrc.sdlegislature.gov/api/Documents/284178.pdfStatus: enacted
Introduced 3 Mar 2017; Signed by Governor Daugaard 14 March 2017
Issue(s): #TrafficInterference, #Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #NoKXL #WaterDefenders -
State by State Pending and recently passed #AntiProtestLaws: #SouthDakota
SB 151: New penalties for #protests near #pipelines and other infrastructure
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator."
Full text of bill:
https://sdlegislature.gov/Session/Bill/12001Status: enacted
Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020
Issue(s): #ProtestSupporters or Funders, Infrastructure, Trespass
HB 1117: New criminal and civil liability for "incitement to riot"
Revises the state's laws on rioting and replaces a "riot-boosting" law that was passed in 2019 but later blocked by a federal court as unconstitutional. The law revises the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the law, "incitement to riot" is a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The law defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the law, individuals may additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target protests against construction of the #KeystoneXL and other pipelines.
Full text of bill:
https://sdlegislature.gov/Session/Bills/43Status: enacted
Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Riot
SB 189: Expanded civil liability for protesters and protest funders
**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.** SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision. Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. The law was introduced in response to pipeline protests in other states and ahead of construction of the Keystone XL pipeline in South Dakota.
Full text of bill:
https://sdlegislature.gov/Session/Bill/10176Status: enacted
Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019
Issue(s): #CivilLiability, #ProtestSupporters or Funders, Infrastructure, Riot
SB 176: Expanding governor's power to restrict certain protests
Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. The law was proposed by Governor Daugaard to address potential pipeline protests.
Full text of bill:
https://mylrc.sdlegislature.gov/api/Documents/284178.pdfStatus: enacted
Introduced 3 Mar 2017; Signed by Governor Daugaard 14 March 2017
Issue(s): #TrafficInterference, #Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #NoKXL #WaterDefenders -
State by State Pending and recently passed #AntiProtestLaws: #SouthDakota
SB 151: New penalties for #protests near #pipelines and other infrastructure
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator."
Full text of bill:
https://sdlegislature.gov/Session/Bill/12001Status: enacted
Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020
Issue(s): #ProtestSupporters or Funders, Infrastructure, Trespass
HB 1117: New criminal and civil liability for "incitement to riot"
Revises the state's laws on rioting and replaces a "riot-boosting" law that was passed in 2019 but later blocked by a federal court as unconstitutional. The law revises the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the law, "incitement to riot" is a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The law defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the law, individuals may additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target protests against construction of the #KeystoneXL and other pipelines.
Full text of bill:
https://sdlegislature.gov/Session/Bills/43Status: enacted
Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020
Issue(s): Civil Liability, Protest Supporters or Funders, Riot
SB 189: Expanded civil liability for protesters and protest funders
**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.** SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision. Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. The law was introduced in response to pipeline protests in other states and ahead of construction of the Keystone XL pipeline in South Dakota.
Full text of bill:
https://sdlegislature.gov/Session/Bill/10176Status: enacted
Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019
Issue(s): #CivilLiability, #ProtestSupporters or Funders, Infrastructure, Riot
SB 176: Expanding governor's power to restrict certain protests
Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. The law was proposed by Governor Daugaard to address potential pipeline protests.
Full text of bill:
https://mylrc.sdlegislature.gov/api/Documents/284178.pdfStatus: enacted
Introduced 3 Mar 2017; Signed by Governor Daugaard 14 March 2017
Issue(s): #TrafficInterference, #Trespass
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #NoKXL #WaterDefenders -
State by State Pending and recently passed #AntiProtestLaws: #Oregon
HB 2534: Felony penalties for protesters who impede traffic
Would expand the definition of “riot” such that the felony offense could cover demonstrators who peacefully protest in the street. Oregon law defines “riot” as engaging in “tumultuous and violent conduct” with a group of five or more other people in a way that “intentionally or recklessly creates a grave risk of causing public alarm.” The offense is a Class C felony, punishable by up to five years in prison and $125,000. The bill would define “tumultuous and violent conduct” to include “imped[ing] traffic,” creating a “traffic hazard,” or “block[ing] the normal and reasonable movement of traffic.” As such, a large sidewalk protest that even momentarily overflowed onto a street in a way that could be considered a “traffic hazard” could be deemed a “riot,” and demonstrators could face felony penalties regardless of whether their conduct was “tumultuous” or “violent.”
Full text of bill:
https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2534Status: pending
Introduced 13 Jan 2025.
Issue(s): #Riot, #TrafficInterference
HB 2772: Criminalizing Certain Protests as #DomesticTerrorism
**Note: This bill was amended prior to its passage and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created a sweeping new crime of "domestic terrorism" that would include if a person intentionally attempted to cause "disruption of daily life" that "severely affects the population, infrastructure, environment, or government functioning of this state." Under this definition, a peaceful protest that blocked traffic in a major commercial district could be defined as domestic terrorism, a Class B felony punishable by up to 10 years in prison and a fine of up to $250,000. Lawmakers substantially amended the bill prior to its enactment, however rights groups argue that it could still cover certain acts of civil disobedience. Under the enacted law, “domestic terrorism” in the first degree is a Class B felony and includes intentionally destroying or substantially damaging “critical infrastructure,” with the intent to disrupt the services provided by critical infrastructure. Attempting to destroy or substantially damage critical infrastructure is a Class C felony, punishable by up to 5 years in prison and a fine of $125,000. “#CriticalInfrastructure” is broadly defined to include #pipelines and #roads.
Full text of bill:
https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2772Status: enacted with improvements
Introduced 9 Jan 2023; Approved by House 8 June 2023; Approved by Senate 23 June 2023; Signed by Governor Kotek 4 August 2023
Issue(s): Infrastructure, Terrorism, Traffic Interference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Oklahoma
HB 1674: Penalties for #protesters who block #traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters
**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses--including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse--may be fined ten times the maximum amount of fine authorized for the individual's offense.
Read full text:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1674&Session=2100Status: enacted
Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Riot, #TrafficInterference
HB 2095: Racketeering penalties for those involved in "unlawful assemblies"
Adds "unlawful assemblies" to the offenses that can be prosecuted as "#racketeering activity" under Oklahoma's #RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace."
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb2095&Session=2200Status: enacted
Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021
Issue(s): Protest Supporters or Funders
HB 1123: New penalties for protests near #CriticalInfrastructure
Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the #DakotaAccessPipeline protests in North Dakota.
Full text of bill:
https://legiscan.com/OK/text/HB1123/2017Status: enacted
Introduced 6 Feb 2017; Signed into law 3 May 2017
Issue(s): Protest Supporters or Funders, Infrastructure, Trespass
HB 2128: Heightened penalties for protesters who #trespass onto private property
Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while# trespassing.
Status: enacted
Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017
Issue(s): Trespass
SB 743: Ban on protests that disturb #worshippers
Would make it a serious criminal offense to protest in a way that disturbs people engaged in religious observation. Under the bill, someone who “willfully disturbs, interrupts, or disquiets” a group of “people met for religious worship” commits a misdemeanor punishable by a year in jail and $500, or a felony punishable by two years in prison and $1,000 for subsequent offenses. As written, the bill would seemingly allow anyone who was the target of a protest—for instance, lawmakers at the statehouse—to make a protest illegal simply by starting to pray. The prohibition extends to any unauthorized “protest [or] demonstration” within one mile of the individuals engaged in religious worship. “Disturb” and “disquiet” are not defined by the bill, such that even a #SilentDemonstration that was visible to people engaged in religious worship as far as one mile away could be prohibited. The bill was introduced as a substitute to SB 743 on March 25, 2025.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=SB743&Session=2500Status: pending
Introduced 25 Mar 2025; Approved by Senate 27 March 2025
SB 481: Restrictions on #PublicEmployees' ability to protest
Would broadly prohibit public employees from participating in protests during work hours in most situations. Under a committee substitute to the bill introduced on February 25, it would be unlawful for state or local government employees including public school teachers to “speak on or participate in a matter of public concern deemed a matter of larger societal significance” in “an organized form of protest” during their normal working hours. The bill would allow public employees to protest during working hours only if they were using annual leave and if their actions did not create “an undue burden on the employer’s interest in an efficient, disruptive-free workplace”—a vaguely worded condition that employers could abuse to restrict employees' participation in disfavored protests. The bill would also prohibit public employees from using publicly owned computers, transportation, or other equipment for conduct related to participation in protests.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=sb481&Session=2500Status: pending
Introduced 25 Feb 2025.
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Oklahoma
HB 1674: Penalties for #protesters who block #traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters
**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses--including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse--may be fined ten times the maximum amount of fine authorized for the individual's offense.
Read full text:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1674&Session=2100Status: enacted
Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Riot, #TrafficInterference
HB 2095: Racketeering penalties for those involved in "unlawful assemblies"
Adds "unlawful assemblies" to the offenses that can be prosecuted as "#racketeering activity" under Oklahoma's #RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace."
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb2095&Session=2200Status: enacted
Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021
Issue(s): Protest Supporters or Funders
HB 1123: New penalties for protests near #CriticalInfrastructure
Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the #DakotaAccessPipeline protests in North Dakota.
Full text of bill:
https://legiscan.com/OK/text/HB1123/2017Status: enacted
Introduced 6 Feb 2017; Signed into law 3 May 2017
Issue(s): Protest Supporters or Funders, Infrastructure, Trespass
HB 2128: Heightened penalties for protesters who #trespass onto private property
Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while# trespassing.
Status: enacted
Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017
Issue(s): Trespass
SB 743: Ban on protests that disturb #worshippers
Would make it a serious criminal offense to protest in a way that disturbs people engaged in religious observation. Under the bill, someone who “willfully disturbs, interrupts, or disquiets” a group of “people met for religious worship” commits a misdemeanor punishable by a year in jail and $500, or a felony punishable by two years in prison and $1,000 for subsequent offenses. As written, the bill would seemingly allow anyone who was the target of a protest—for instance, lawmakers at the statehouse—to make a protest illegal simply by starting to pray. The prohibition extends to any unauthorized “protest [or] demonstration” within one mile of the individuals engaged in religious worship. “Disturb” and “disquiet” are not defined by the bill, such that even a #SilentDemonstration that was visible to people engaged in religious worship as far as one mile away could be prohibited. The bill was introduced as a substitute to SB 743 on March 25, 2025.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=SB743&Session=2500Status: pending
Introduced 25 Mar 2025; Approved by Senate 27 March 2025
SB 481: Restrictions on #PublicEmployees' ability to protest
Would broadly prohibit public employees from participating in protests during work hours in most situations. Under a committee substitute to the bill introduced on February 25, it would be unlawful for state or local government employees including public school teachers to “speak on or participate in a matter of public concern deemed a matter of larger societal significance” in “an organized form of protest” during their normal working hours. The bill would allow public employees to protest during working hours only if they were using annual leave and if their actions did not create “an undue burden on the employer’s interest in an efficient, disruptive-free workplace”—a vaguely worded condition that employers could abuse to restrict employees' participation in disfavored protests. The bill would also prohibit public employees from using publicly owned computers, transportation, or other equipment for conduct related to participation in protests.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=sb481&Session=2500Status: pending
Introduced 25 Feb 2025.
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Oklahoma
HB 1674: Penalties for #protesters who block #traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters
**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses--including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse--may be fined ten times the maximum amount of fine authorized for the individual's offense.
Read full text:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1674&Session=2100Status: enacted
Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Riot, #TrafficInterference
HB 2095: Racketeering penalties for those involved in "unlawful assemblies"
Adds "unlawful assemblies" to the offenses that can be prosecuted as "#racketeering activity" under Oklahoma's #RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace."
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb2095&Session=2200Status: enacted
Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021
Issue(s): Protest Supporters or Funders
HB 1123: New penalties for protests near #CriticalInfrastructure
Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the #DakotaAccessPipeline protests in North Dakota.
Full text of bill:
https://legiscan.com/OK/text/HB1123/2017Status: enacted
Introduced 6 Feb 2017; Signed into law 3 May 2017
Issue(s): Protest Supporters or Funders, Infrastructure, Trespass
HB 2128: Heightened penalties for protesters who #trespass onto private property
Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while# trespassing.
Status: enacted
Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017
Issue(s): Trespass
SB 743: Ban on protests that disturb #worshippers
Would make it a serious criminal offense to protest in a way that disturbs people engaged in religious observation. Under the bill, someone who “willfully disturbs, interrupts, or disquiets” a group of “people met for religious worship” commits a misdemeanor punishable by a year in jail and $500, or a felony punishable by two years in prison and $1,000 for subsequent offenses. As written, the bill would seemingly allow anyone who was the target of a protest—for instance, lawmakers at the statehouse—to make a protest illegal simply by starting to pray. The prohibition extends to any unauthorized “protest [or] demonstration” within one mile of the individuals engaged in religious worship. “Disturb” and “disquiet” are not defined by the bill, such that even a #SilentDemonstration that was visible to people engaged in religious worship as far as one mile away could be prohibited. The bill was introduced as a substitute to SB 743 on March 25, 2025.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=SB743&Session=2500Status: pending
Introduced 25 Mar 2025; Approved by Senate 27 March 2025
SB 481: Restrictions on #PublicEmployees' ability to protest
Would broadly prohibit public employees from participating in protests during work hours in most situations. Under a committee substitute to the bill introduced on February 25, it would be unlawful for state or local government employees including public school teachers to “speak on or participate in a matter of public concern deemed a matter of larger societal significance” in “an organized form of protest” during their normal working hours. The bill would allow public employees to protest during working hours only if they were using annual leave and if their actions did not create “an undue burden on the employer’s interest in an efficient, disruptive-free workplace”—a vaguely worded condition that employers could abuse to restrict employees' participation in disfavored protests. The bill would also prohibit public employees from using publicly owned computers, transportation, or other equipment for conduct related to participation in protests.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=sb481&Session=2500Status: pending
Introduced 25 Feb 2025.
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Oklahoma
HB 1674: Penalties for #protesters who block #traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters
**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses--including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse--may be fined ten times the maximum amount of fine authorized for the individual's offense.
Read full text:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1674&Session=2100Status: enacted
Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Riot, #TrafficInterference
HB 2095: Racketeering penalties for those involved in "unlawful assemblies"
Adds "unlawful assemblies" to the offenses that can be prosecuted as "#racketeering activity" under Oklahoma's #RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace."
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb2095&Session=2200Status: enacted
Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021
Issue(s): Protest Supporters or Funders
HB 1123: New penalties for protests near #CriticalInfrastructure
Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the #DakotaAccessPipeline protests in North Dakota.
Full text of bill:
https://legiscan.com/OK/text/HB1123/2017Status: enacted
Introduced 6 Feb 2017; Signed into law 3 May 2017
Issue(s): Protest Supporters or Funders, Infrastructure, Trespass
HB 2128: Heightened penalties for protesters who #trespass onto private property
Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while# trespassing.
Status: enacted
Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017
Issue(s): Trespass
SB 743: Ban on protests that disturb #worshippers
Would make it a serious criminal offense to protest in a way that disturbs people engaged in religious observation. Under the bill, someone who “willfully disturbs, interrupts, or disquiets” a group of “people met for religious worship” commits a misdemeanor punishable by a year in jail and $500, or a felony punishable by two years in prison and $1,000 for subsequent offenses. As written, the bill would seemingly allow anyone who was the target of a protest—for instance, lawmakers at the statehouse—to make a protest illegal simply by starting to pray. The prohibition extends to any unauthorized “protest [or] demonstration” within one mile of the individuals engaged in religious worship. “Disturb” and “disquiet” are not defined by the bill, such that even a #SilentDemonstration that was visible to people engaged in religious worship as far as one mile away could be prohibited. The bill was introduced as a substitute to SB 743 on March 25, 2025.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=SB743&Session=2500Status: pending
Introduced 25 Mar 2025; Approved by Senate 27 March 2025
SB 481: Restrictions on #PublicEmployees' ability to protest
Would broadly prohibit public employees from participating in protests during work hours in most situations. Under a committee substitute to the bill introduced on February 25, it would be unlawful for state or local government employees including public school teachers to “speak on or participate in a matter of public concern deemed a matter of larger societal significance” in “an organized form of protest” during their normal working hours. The bill would allow public employees to protest during working hours only if they were using annual leave and if their actions did not create “an undue burden on the employer’s interest in an efficient, disruptive-free workplace”—a vaguely worded condition that employers could abuse to restrict employees' participation in disfavored protests. The bill would also prohibit public employees from using publicly owned computers, transportation, or other equipment for conduct related to participation in protests.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=sb481&Session=2500Status: pending
Introduced 25 Feb 2025.
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #Oklahoma
HB 1674: Penalties for #protesters who block #traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters
**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses--including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse--may be fined ten times the maximum amount of fine authorized for the individual's offense.
Read full text:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1674&Session=2100Status: enacted
Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021
Issue(s): #ProtestSupporters or Funders, #DriverImmunity, Riot, #TrafficInterference
HB 2095: Racketeering penalties for those involved in "unlawful assemblies"
Adds "unlawful assemblies" to the offenses that can be prosecuted as "#racketeering activity" under Oklahoma's #RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace."
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb2095&Session=2200Status: enacted
Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021
Issue(s): Protest Supporters or Funders
HB 1123: New penalties for protests near #CriticalInfrastructure
Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the #DakotaAccessPipeline protests in North Dakota.
Full text of bill:
https://legiscan.com/OK/text/HB1123/2017Status: enacted
Introduced 6 Feb 2017; Signed into law 3 May 2017
Issue(s): Protest Supporters or Funders, Infrastructure, Trespass
HB 2128: Heightened penalties for protesters who #trespass onto private property
Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while# trespassing.
Status: enacted
Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017
Issue(s): Trespass
SB 743: Ban on protests that disturb #worshippers
Would make it a serious criminal offense to protest in a way that disturbs people engaged in religious observation. Under the bill, someone who “willfully disturbs, interrupts, or disquiets” a group of “people met for religious worship” commits a misdemeanor punishable by a year in jail and $500, or a felony punishable by two years in prison and $1,000 for subsequent offenses. As written, the bill would seemingly allow anyone who was the target of a protest—for instance, lawmakers at the statehouse—to make a protest illegal simply by starting to pray. The prohibition extends to any unauthorized “protest [or] demonstration” within one mile of the individuals engaged in religious worship. “Disturb” and “disquiet” are not defined by the bill, such that even a #SilentDemonstration that was visible to people engaged in religious worship as far as one mile away could be prohibited. The bill was introduced as a substitute to SB 743 on March 25, 2025.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=SB743&Session=2500Status: pending
Introduced 25 Mar 2025; Approved by Senate 27 March 2025
SB 481: Restrictions on #PublicEmployees' ability to protest
Would broadly prohibit public employees from participating in protests during work hours in most situations. Under a committee substitute to the bill introduced on February 25, it would be unlawful for state or local government employees including public school teachers to “speak on or participate in a matter of public concern deemed a matter of larger societal significance” in “an organized form of protest” during their normal working hours. The bill would allow public employees to protest during working hours only if they were using annual leave and if their actions did not create “an undue burden on the employer’s interest in an efficient, disruptive-free workplace”—a vaguely worded condition that employers could abuse to restrict employees' participation in disfavored protests. The bill would also prohibit public employees from using publicly owned computers, transportation, or other equipment for conduct related to participation in protests.
Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=sb481&Session=2500Status: pending
Introduced 25 Feb 2025.
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #NorthDakota
SB 2044: Heightened penalties for #protests near #CriticalInfrastructure
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.
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): Protest Supporters or Funders, Infrastructure
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdfStatus: enacted
Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017
Issue(s): Riot
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. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017
Issue(s): Trespass
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017
Issue(s): Face Covering
HB 1226: New criminal penalties for masked protesters
Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226Status: ENACTED!
Introduced 13 Jan 2025; Approved by House 10 February 2025
Issue(s): Face Covering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL -
State by State Pending and recently passed #AntiProtestLaws: #NorthDakota
SB 2044: Heightened penalties for #protests near #CriticalInfrastructure
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.
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): Protest Supporters or Funders, Infrastructure
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdfStatus: enacted
Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017
Issue(s): Riot
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. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017
Issue(s): Trespass
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017
Issue(s): Face Covering
HB 1226: New criminal penalties for masked protesters
Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226Status: ENACTED!
Introduced 13 Jan 2025; Approved by House 10 February 2025
Issue(s): Face Covering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL -
State by State Pending and recently passed #AntiProtestLaws: #NorthDakota
SB 2044: Heightened penalties for #protests near #CriticalInfrastructure
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.
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): Protest Supporters or Funders, Infrastructure
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdfStatus: enacted
Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017
Issue(s): Riot
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. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017
Issue(s): Trespass
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017
Issue(s): Face Covering
HB 1226: New criminal penalties for masked protesters
Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226Status: ENACTED!
Introduced 13 Jan 2025; Approved by House 10 February 2025
Issue(s): Face Covering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL -
State by State Pending and recently passed #AntiProtestLaws: #NorthDakota
SB 2044: Heightened penalties for #protests near #CriticalInfrastructure
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.
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): Protest Supporters or Funders, Infrastructure
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdfStatus: enacted
Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017
Issue(s): Riot
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. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017
Issue(s): Trespass
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017
Issue(s): Face Covering
HB 1226: New criminal penalties for masked protesters
Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226Status: ENACTED!
Introduced 13 Jan 2025; Approved by House 10 February 2025
Issue(s): Face Covering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL -
State by State Pending and recently passed #AntiProtestLaws: #NorthDakota
SB 2044: Heightened penalties for #protests near #CriticalInfrastructure
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.
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): Protest Supporters or Funders, Infrastructure
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdfStatus: enacted
Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017
Issue(s): Riot
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. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017
Issue(s): Trespass
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.
Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdfStatus: enacted
Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017
Issue(s): Face Covering
HB 1226: New criminal penalties for masked protesters
Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226Status: ENACTED!
Introduced 13 Jan 2025; Approved by House 10 February 2025
Issue(s): Face Covering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL -
State by State Pending and recently passed #AntiProtestLaws: #NorthCarolina
HB 237: Heightened penalties for street #protesters and #MaskedProtestersIncreases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237Status: enacted
Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024
Issue(s): Civil Liability, Face Covering, Traffic Interference
HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES
Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a #riot or incitement to riot offense, that requirement could be read broadly to include #PeacefulChanting or #marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 24 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40Status: enacted
Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023
Issue(s): Civil Liability, Riot
SB 58: New penalties for protests near #pipelines
Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. The law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58Status: enacted
Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023
Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure
SB 300: Heightened penalties for "riot"
**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)
Status: enacted with improvements
Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021
Issue(s): Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #NorthCarolina
HB 237: Heightened penalties for street #protesters and #MaskedProtestersIncreases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237Status: enacted
Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024
Issue(s): Civil Liability, Face Covering, Traffic Interference
HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES
Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a #riot or incitement to riot offense, that requirement could be read broadly to include #PeacefulChanting or #marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 24 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40Status: enacted
Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023
Issue(s): Civil Liability, Riot
SB 58: New penalties for protests near #pipelines
Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. The law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58Status: enacted
Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023
Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure
SB 300: Heightened penalties for "riot"
**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)
Status: enacted with improvements
Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021
Issue(s): Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #NorthCarolina
HB 237: Heightened penalties for street #protesters and #MaskedProtestersIncreases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237Status: enacted
Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024
Issue(s): Civil Liability, Face Covering, Traffic Interference
HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES
Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a #riot or incitement to riot offense, that requirement could be read broadly to include #PeacefulChanting or #marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 24 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40Status: enacted
Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023
Issue(s): Civil Liability, Riot
SB 58: New penalties for protests near #pipelines
Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. The law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58Status: enacted
Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023
Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure
SB 300: Heightened penalties for "riot"
**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)
Status: enacted with improvements
Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021
Issue(s): Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #NorthCarolina
HB 237: Heightened penalties for street #protesters and #MaskedProtestersIncreases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237Status: enacted
Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024
Issue(s): Civil Liability, Face Covering, Traffic Interference
HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES
Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a #riot or incitement to riot offense, that requirement could be read broadly to include #PeacefulChanting or #marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 24 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40Status: enacted
Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023
Issue(s): Civil Liability, Riot
SB 58: New penalties for protests near #pipelines
Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. The law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58Status: enacted
Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023
Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure
SB 300: Heightened penalties for "riot"
**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)
Status: enacted with improvements
Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021
Issue(s): Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #NorthCarolina
HB 237: Heightened penalties for street #protesters and #MaskedProtestersIncreases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237Status: enacted
Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024
Issue(s): Civil Liability, Face Covering, Traffic Interference
HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES
Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a #riot or incitement to riot offense, that requirement could be read broadly to include #PeacefulChanting or #marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 24 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40Status: enacted
Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023
Issue(s): Civil Liability, Riot
SB 58: New penalties for protests near #pipelines
Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. The law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.
Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58Status: enacted
Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023
Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure
SB 300: Heightened penalties for "riot"
**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)
Status: enacted with improvements
Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021
Issue(s): Riot
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests -
State by State Pending and recently passed #AntiProtestLaws: #NewYork
S 6746: New penalties for protesters who wear a #mask
Would create a new criminal offense, “concealment of identity during a protest,” that would cover peaceful protesters who wear a mask while demonstrating. Under the bill, a person who wears a mask or facial covering that disguises their face “so as to conceal the identity of the wearer” while “involved in a lawful assembly, unlawful assembly, protest, or riot” commits the offense. The bill provides an exception for masks and other face coverings worn as protection from weather, for religious reasons, for medical purposes, or as a costume for a holiday or exhibition. While only a violation, the new offense would restrict individuals’ ability to protest lawfully while remaining anonymous, for instance to avoid retaliation.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S6746
Status: pendingIntroduced 21 Mar 2025.
Issue(s): #FaceCovering, Riot
S 5911: 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 that is “likely to create public alarm”—regardless of whether such protest ever takes place or creates “public alarm.” The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S5911Status: pending
Introduced 3 Mar 2025.
Issue(s): Riot
S 723: New criminal penalties for masked protesters
Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them. The same bill was introduced as S 9194 in the 2023-2024 session.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S723Status: pending
Introduced 8 Jan 2025.
Issue(s): Protest Supporters or Funders, Face Covering
S 534: New penalties for protesters who block #traffic
Would create a new criminal offense that could cover #UnpermittedProtests and #demonstrations on #streets, #sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail. The same bill was introduced as S 8646 in 2024.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S534Status: pending
Introduced 8 Jan 2025.
Issue(s): #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #NewYork
S 6746: New penalties for protesters who wear a #mask
Would create a new criminal offense, “concealment of identity during a protest,” that would cover peaceful protesters who wear a mask while demonstrating. Under the bill, a person who wears a mask or facial covering that disguises their face “so as to conceal the identity of the wearer” while “involved in a lawful assembly, unlawful assembly, protest, or riot” commits the offense. The bill provides an exception for masks and other face coverings worn as protection from weather, for religious reasons, for medical purposes, or as a costume for a holiday or exhibition. While only a violation, the new offense would restrict individuals’ ability to protest lawfully while remaining anonymous, for instance to avoid retaliation.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S6746
Status: pendingIntroduced 21 Mar 2025.
Issue(s): #FaceCovering, Riot
S 5911: 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 that is “likely to create public alarm”—regardless of whether such protest ever takes place or creates “public alarm.” The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S5911Status: pending
Introduced 3 Mar 2025.
Issue(s): Riot
S 723: New criminal penalties for masked protesters
Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them. The same bill was introduced as S 9194 in the 2023-2024 session.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S723Status: pending
Introduced 8 Jan 2025.
Issue(s): Protest Supporters or Funders, Face Covering
S 534: New penalties for protesters who block #traffic
Would create a new criminal offense that could cover #UnpermittedProtests and #demonstrations on #streets, #sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail. The same bill was introduced as S 8646 in 2024.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S534Status: pending
Introduced 8 Jan 2025.
Issue(s): #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws -
State by State Pending and recently passed #AntiProtestLaws: #NewYork
S 6746: New penalties for protesters who wear a #mask
Would create a new criminal offense, “concealment of identity during a protest,” that would cover peaceful protesters who wear a mask while demonstrating. Under the bill, a person who wears a mask or facial covering that disguises their face “so as to conceal the identity of the wearer” while “involved in a lawful assembly, unlawful assembly, protest, or riot” commits the offense. The bill provides an exception for masks and other face coverings worn as protection from weather, for religious reasons, for medical purposes, or as a costume for a holiday or exhibition. While only a violation, the new offense would restrict individuals’ ability to protest lawfully while remaining anonymous, for instance to avoid retaliation.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S6746
Status: pendingIntroduced 21 Mar 2025.
Issue(s): #FaceCovering, Riot
S 5911: 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 that is “likely to create public alarm”—regardless of whether such protest ever takes place or creates “public alarm.” The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S5911Status: pending
Introduced 3 Mar 2025.
Issue(s): Riot
S 723: New criminal penalties for masked protesters
Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them. The same bill was introduced as S 9194 in the 2023-2024 session.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S723Status: pending
Introduced 8 Jan 2025.
Issue(s): Protest Supporters or Funders, Face Covering
S 534: New penalties for protesters who block #traffic
Would create a new criminal offense that could cover #UnpermittedProtests and #demonstrations on #streets, #sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail. The same bill was introduced as S 8646 in 2024.
Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S534Status: pending
Introduced 8 Jan 2025.
Issue(s): #TrafficInterference
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws