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Anti-Protest Bills in Southern States Face First Amendment Challenges
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A spate of new laws crack down on social justice and environmental activism
Police arrest a water protector protesting the construction of the Line 3 oil pipeline in Minnesota last January. | Photo by Kerem Yucel/AFP/Getty Images
A half-year after Donald Trump’s drubbing at the polls, the right-wing effort to criminalize dissent and protest among environmental and social justice activists continues to gain momentum.
In early May, Montana governor Greg Gianforte signed into law a bill designed to protect “critical infrastructure,” including gas and oil pipelines. The law defines infrastructure broadly, from wireless towers to prisons. Individuals who trespass, or merely “impede or inhibit operations” at these sites could face as much as 18 months in prison and $4,500 fines. Under the new law, protesters who cause more than $1,500 in damage could be faced with a maximum of $150,000 in fines and 30 years in prison. Organizations found to be involved in coordinating with th
Law enforcement groups did support many of the efforts, though. Such organizations donated $342,602 in the 2019-2020 election cycle to sponsors of anti-protest bills in 2021. The vast majority of those on the list are police and correctional unions. The Southern States Police Benevolent Association and Police Benevolent Association of the City of New York were the top two law enforcement donors to anti-protest bill sponsors, contributing $39,300 and $38,350 respectively. Neither group responded to a request for comment. Also included were a handful of campaign funds for sheriff’s office candidates.
The most meaningful demonstration of an organization or interest group’s support for a bill is to lobby for it. In 13 states, law enforcement officers or police unions have expressed support for at least one anti-protest bill since June, according to Gibson, the researcher. Among them are Arkansas, Florida, and Indiana, where bills recently passed into law, and Arizona, Missouri, Nor
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