This post originally appeared at National Lawyers Guild.
In recent weeks, multiple articles have pointed to the wave of new anti-protesting bills introduced in state legislatures since the end of 2016. The Intercept, The Washington Post, AlterNet, Democracy Now! and other news outlets have provided overviews of the types of bills under consideration, the potential chilling effect on protests and the unconstitutional nature of these measures. Because NLG has a long history of protecting the right to dissent, we offer the following summary and observations based on decades of experience providing legal support to social movements and monitoring the policing of protests.
The current round of legislation — introduced by Republican lawmakers in 19 states — attempts to criminalize and penalize protesting in various ways. Many states are drafting bills to increase fines and jail sentences for protesters obstructing traffic (Minnesota, Washington, South Dakota, Indiana, Florida, Mississippi, Iowa), tampering with or trespassing on infrastructure such as railways and pipelines (Colorado, Oklahoma), picketing (Michigan, Arkansas), wearing masks (Missouri) or refusing to leave an “unlawful protest” (Virginia). Particularly alarming are bills removing liability from drivers who “accidentally” hit and kill protesters (North Dakota, Tennessee, Florida). A bill in Indiana initially instructed police to clear protesters from highways by “any means necessary.” Other legislation has proposed labeling protests as “economic terrorism” (Washington, North Carolina), charging costs of policing to protesters and organizers (Minnesota), allowing businesses to sue individuals protesting them (Michigan, Colorado), and using anti-racketeering laws to seize assets of protesters (Arizona). A bill in Oregon would require public community colleges to expel students convicted of participating in a “violent riot.”
[For more of this story, written by Traci Yoder, go to http://billmoyers.com/story/ne...slation-deeper-look/]
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