FACT BRIEF

Have recent state laws criminalized certain kinds of peaceful protest in the United States?

Thursday, June 25, 2020

By Jiyul Kim

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YES

Since January 2019, North and South Dakota, Tennessee and Oklahoma have enacted legislation that increases penalties for protests near "critical infrastructure." Protesting that is considered to have interfered with infrastructure development, such as oil and gas pipelines, can now result in jail time or fines of several thousand dollars. This legislation followed a wave of protests in 2016 and 2017 seeking to block construction of oil pipelines in the upper Midwest near traditional Native American lands.

Urban protestors in these states, such as those in the streets following the death of George Floyd, would not be subject to criminal legal action unless the protests interfered with infrastructure development of the types covered in the legislation.

This fact brief is responsive to conversations such as this one.

Sources

International Center for Non-Profit Law: US laws restricting protests

American Civil Liberties Union: Anti-protest legislation

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