Since Standing Rock, 56 Bills Have Been Introduced in 30 States to Restrict Protests


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One hour after police evicted the last demonstrators from Oceti Sakowin, North Dakota Governor Doug Burgum signed four measures increasing punishments for demonstrators. Among other things, the new laws expanded the definition of criminal trespass, and raised the penalty for a riot conviction. Though the measures were clearly in response to Standing Rock, they also reflected a much broader conservative backlash to direct action—a backlash that resulted in a wave of legislation introduced in states across the United States. Overall, according to the International Center for Not-for-Profit Law, lawmakers in 30 states have introduced 56 bills to restrict public protest since Trump’s election.

“What we saw in the last legislative session was a surprising and unusual surge in anti-protest legislation, which went after those fundamental rights to go outside, speak out, dissent,” said Vera Eidelman, a fellow with the American Civil Liberty Union’s Speech, Privacy, and Technology Project. Though only a few of the bills introduced last year became law, several others are pending. The sheer number of anti-protest bills that have been introduced, along with the heavy-handed policing of demonstrators on the ground, points to a trend towards the criminalization of dissent—spanning from Standing Rock to the 194 people, including journalists, who faced felony charges and up to 70 years in prison for protesting Trump’s election. (In January the Department of Justice dropped charges against more than 100 of the #J20 defendants, but 59 still face trial at the time of publication.)

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