Civil Liberties Defense Center continues to monitor and track the assault on our protected First Amendment rights to assemble and protest in the United States. Unfortunately, we’re  witnessing a marked increase in the criminalization of dissent by authoritarians in state governments nationwide. These attempts by bad actors are not a new threat, though.  We have seen other waves of anti-democratic authoritarianism in the past, and our movements have weathered those storms—not entirely without harm or loss of course.  In times of increased state repression it is important to know your history and ensure that the State does not achieve its goal—to silence and chill those who advocate for the climate, human and animal rights.  Otherwise, we will see them double-down on these tactics because they are perceived as effective at clamping down on dissenters.

CLDC was created over 20 years ago in another time of increased state repression and incarceration.  We exist because we have seen repressive State agents try to wrest power away from the people repeatedly, and our movement community has trusted and supported our work in providing legal harm reduction so that our movements survive and thrive. Recent state legislative attempts to make environmental and social justice protests illegal or unsafe, are primarily intended to chill the right to association, assembly and free speech.  Whether you are a frontline defender, a donor, or a member of a targeted organization—know that CLDC has your back.

This erosion of our First Amendment rights is currently on full display in Louisiana. In the last two weeks Louisiana Governor Jeff Landry signed H.B. 173 into law, criminalizing the act of approaching police any closer than 25 feet while they are engaged in the execution of their official duties. This law creates a de facto “trespass” zone around officers they can activate anytime at their discretion. A protestor, legal observer, or cop-watcher charged with violation of H.B. 173 faces a fine of up to $500 and up to 60 days in jail. It does not take a seasoned protestor to understand the dangerous implications a law like this triggers. In addition to reducing the ability to film or monitor police activities during a march or protest, it creates a very real potential scenario where the police advance on protestors and then arrest them for violation of this statute. (Sidenote from Lauren:  I think we should make this law reciprocal at least—we stay 25 ft away from them, they stay 25 ft away from us! Equal treatment….)

Just follow the money to find where the next assault on the First Amendment will occur. Like many other states, Alabama is expanding the definition of “critical infrastructure” and greatly increasing the penalties for protesting near gas and oil pipelines. In Mississippi, State Bill 2343 requires written permission to protest near the statehouse or other government buildings—a clear “prior restraint” on the right to protest on a traditional public forum. In Iowa, Senate File 342 heightens penalties for protestors convicted of riot, unlawful assembly, or blocking traffic, while creating immunity for drivers who drive through groups of protestors, even if they injure someone.

The list goes on and on. We must remain vigilant but not afraid or silenced by these deeply troubling laws being proposed and/or enacted by states aggressively trying to erode our liberties. Doing so starts with a solid source of information. Check out the amazing work produced by our friends at the International Center for Not-for-Profit Law’s “U.S. Protest Law Tracker.” This is a trusted resource for keeping tabs on the tyrants attempting to chill dissent across the nation.