Anti-Protester Legislation and Preemption – An Overview

Since 2016, there has been a growing body of anti-protest state legislation, with 24 bills enacted in 15 states. This onslaught emerged in many states following Keystone XL pipeline protests and the distribution of an ALEC model bill targeting anti-pipeline protesters. But bills targeting protestors more broadly have also emerged as states see increased protest activity on a wide range of issues, such as the protests following President Trump’s Muslim ban and the protests spurred by the killing of Philando Castile in Minnesota by police. In the wake of recent demonstrations against racist police and vigilante violence against Black communities, we will likely see increased legislative attacks on protestors. As you plan for 2021 state legislative sessions, please be aware of the anti-protest policy trends captured in this fact sheet that may impact local authority and communities’ ability to exercise local democracy. (Fact sheet updated September 30, 2020, after first publication on July 23, 2020)