Sunlight Foundation: Spate of anti-protest bills target social justice infrastructure
By Eliza Newlin Carney
Last year state lawmakers introduced more than 40 bills that took aim at protesters. Some expanded the definition of “riot” or “domestic terrorism,” some introduced new categories of crimes, such as “unlawful mass picketing,” some penalized protesters who block traffic or wear face coverings.
Many proposed prison time or fines into the tens of thousands of dollars, and proved too draconian even for Republicans. Of more than 40 anti-protest bills introduced in 2017, only seven were enacted into law. Another 22 died or were vetoed or defeated, and 17 carried over. In the 2018 legislative session, which is in the process of winding down, GOP legislators introduced more than a dozen new anti-protest bills, with varying degrees of success. Almost half of them went after protesters who impede so-called critical infrastructure, a dangerous turn that troubles civil rights advocates…
“They are trying to bankrupt and punish what they perceive to be movement organizations,” says Moira Meltzer-Cohen, a staff attorney with the Water Protector Legal Collective in North Dakota, which provides pro bono legal help to Dakota Access pipeline protesters charged at Standing Rock. Imposing such steep fines and long sentences “functions in the same way as prior restraint,” she warns. “It makes it so risky to engage in protected speech … that it will disincentivize people from doing so.” …
As a champion of campaign finance deregulation, the Institute for Free Speech does not often side with progressives. But in Reason magazine, one research fellow with the group warned: “Faced with the possibility of fines or legal battles, many will choose not to speak at all.”
