Following years of rhetoric equating protest with “rioting,” “terrorism,” or “insurrection,” the administration promotes and supports sweeping anti-protest laws. These laws expand the definition of “unlawful assembly,” increase criminal penalties for protest-related offenses (including vague charges like “interference with infrastructure” or “blocking traffic”), and shield law enforcement and private citizens from liability if they injure protesters during demonstrations.
Some measures also target protest organizers, allowing for preemptive arrests, surveillance, and civil penalties under conspiracy statutes. Laws may also criminalize camping near government buildings, masking identity, or refusing police orders, effectively granting law enforcement wide discretion to disperse and detain peaceful demonstrators.
These tactics have historical precedence in Russia, Chile under Pinochet, and the United States during the Red Scare, where the criminalization of assembly served as a tool for suppressing political dissent and deterring civic organization.
What to Watch For
- New federal legislation restricting public assembly in proximity to government buildings
- Expanded state-level “anti-riot” laws with vague or sweeping language
- Legal protections for individuals (including police or drivers) who harm protesters
- Prosecution of protest organizers under conspiracy or racketeering laws
- Deplatforming or financial targeting of protest-related fundraisers or events
- Chilling effect: reduced turnout or canceled demonstrations due to fear of arrest