This is a question we are all asking.
MORE: How far can protesters go before the government steps in?
The protests of 2016, against pipelines and police shootings and a presidential candidate, have sparked lawmakers in eight states to consider bills boosting penalties for unlawful demonstrations. They include one that would protect drivers who “unintentionally” run over activists blocking roads and another aimed at forcing protesters to pay up to three times the costs of any damage they caused.
In Washington state, a lawmaker termed some protests “economic terrorism” and introduced a bill that would permit judges to tack on an additional year in jail to a sentence if the protester was “attempting to or causing an economic disruption.”
In Minnesota, a person convicted of participating or being present at “an unlawful assembly” could be held liable for costs incurred by police and other public agencies.
And in Indiana, a proposed law would direct police encountering a mass traffic obstruction to clear the road by “any means necessary,” echoing a phrase made famous by Malcolm X during the 1960s civil rights movement.
“We’re not trying to restrict people’s right to protest peaceably,” said Iowa state Sen. Jake Chapman (R), in comments similar to those by legislators involved with each of the measures. He introduced his bill, increasing the penalty for blocking a high-speed highway from a misdemeanor to a felony punishable by up to five years in prison, after an anti-Donald Trump protest by high school students in November blocked one direction of Interstate 80 for 30 minutes. “But there’s appropriate places and times. And the interstate is not one of those places. . . . Right now they’re going to get charged with jaywalking and fined $35. That doesn’t fit the crime, in my opinion.”
MORE: How far can protesters go before the government steps in?