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State by State Pending and recently passed #AntiProtestLaws: #Tennessee

SB 2570 / HB 2031: Heightened penalties for #protesters who block #streets and #highways

Significantly increases the penalty for knowingly or recklessly obstructing a street, highway, “or other place used for the passage of vehicles or conveyances.” Instead of a Class A misdemeanor, as provided by prior law, the offense is now a Class D felony punishable by at least 2 and up to 12 years in prison and a $5,000 fine. As written, the law's felony offense can cover protesters who block a street or make passage "unreasonably inconvenient" even if there are no cars on it. The felony offense can also seemingly apply to protesters who block a driveway or alley, even temporarily. The law also creates a new civil cause of action, such that anyone who knowingly or recklessly blocks a street can additionally be sued for civil damages.

Full text of bill:
wapp.capitol.tn.gov/apps/BillI

Status: enacted

Introduced 23 Jan 2024; Approved by Senate 23 April 2024; Approved by House 23 April 2024; Signed by Governor Lee 9 May 2024

Issue(s): Civil Liability, Traffic Interference

SB 451 / HB 881: Mandatory penalties for expanded aggravated riot offense

Expands the definition of "aggravated riot" and creates new mandatory minimum penalties for that offense. To be convicted of "riot" under Tennessee law, a person only needs to knowingly gather with two or more people whose tumultuous and violent conduct creates "grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function." For instance, one could be held guilty of riot for merely joining a large protest in which there is isolated pushing, even if no one is injured. Under preexisting law, a person could be held liable for aggravated riot if they participated in a riot where someone was injured or substantial property damage occurred, even if the person did not commit any violence nor intended violence to occur. Under the law, a person may also be guilty of aggravated riot if they participated in a riot and either participated in exchange for compensation or "traveled from outside the state with the intent to commit a criminal offense." A "criminal offense" could include, for example, temporarily blocking a street as part of a protest. "Aggravated riot" is a Class E felony, which is punishable by up to 6 years in jail and a fine of $3,000; the law also introduces a mandatory minimum of at least 45 days of imprisonment.

Full text of bill:
wapp.capitol.tn.gov/apps/BillI

Status: enacted

Introduced 8 Feb 2021; Approved by Senate 11 March 2021; Approved by House 28 April 2021; Signed by Governor 13 May 2021

Issue(s): Riot

HB 8005/SB 8005: Heightened Penalties for "Inconvenient" Protests and #ProtestCamps on State Property

The law heightens penalties for certain offenses that could encompass conduct by peaceful protesters. The law heightens existing criminal penalties for blocking a street, sidewalk, or "any other place used for the passage of persons, vehicles or conveyances" from a Class C to a Class A misdemeanor. Accordingly, protesters who obstruct or make it "unreasonably inconvenient" to use a street or sidewalk could face up to one year in jail. The law likewise heightens penalties for the existing offense of "obstructing" or "interfering with" a lawful meeting, procession, or gathering, from a Class B to Class A misdemeanor. Protesters who intentionally "interfere with" a meeting of the legislature or other government officials, including by staging a loud protest, could therefore face up to one year in jail. The law also targets protest encampments on the grounds of the Capitol and other areas by broadening the definition of "camping," and heightening penalties for camping on state property. As such, protesters who use or place any "piece of furniture," shelter, or structure on state property could be charged with a Class E felony, if they continue to do so 24 hours after receiving a warning. The offense would be punishable by up to six years in prison, a fine of $3,000, and restitution for any property damage. The law also amends Tennessee provisions on "riot," (which is defined broadly), including by requiring those convicted of "inciting" or "urging" a riot to pay restitution for any property damage incurred by the offense. When it was introduced, the legislation authorized the Tennessee Attorney General to intervene and prosecute offenses where there has been damage to state property, including those arising in the context of peaceful protests, if the district attorney declined to do so; however those provisions were removed prior to the law's enactment, and replaced with a requirement that district attorneys produce a report on such offenses and how they were dealt with.

Full text of bill:
wapp.capitol.tn.gov/apps/BillI

Status: enacted

Introduced 7 Aug 2020; Approved by House and Senate 12 August 2020; Signed by Governor Lee 20 August 2020

Issue(s): Protest Supporters or Funders, Riot, #TrafficInterference #Camping

SB 264: New penalties for protests near gas and oil pipelines

Creates new potential penalties for protests and demonstrations that "interrupt" or "interfere with" a pipeline or pipeline construction site. The law makes it a Class E felony for an individual to knowingly "destroy, injure, interrupt or interfere with" a #pipeline, pipeline facility, or related infrastructure, including if it is under construction. The offense is a Class E felony, punishable by up to six years in prison and a $3,000 fine. As introduced, the law provided that an individual or organization that causes or "aids" damage or interference would likewise be guilty of a Class E felony, however these provisions were amended out prior to the law's passage.

Full text of bill:
wapp.capitol.tn.gov/apps/BillI

Status: enacted

Introduced 29 Jan 2019; Approved by Senate 18 Feb 2019; Approved by House 30 April 2019; Signed by Governor Lee 10 May 2019

Issue(s): #ProtestSupporters or Funders, #Infrastructure

SB 0902: New penalties for protesters who block traffic

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street "including in the course of a protest" and in doing so interferes with an emergency vehicle's access to or through the highway or street. "Emergency vehicle" is broadly defined as "any vehicle of a governmental department or public service corporation when responding to an emergency," a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways.

Full text of bill:
legiscan.com/TN/text/SB0902/20

Status: enacted

Introduced 9 Feb 2017; Governor Haslam signed into law 12 April 2017

Issue(s): #TrafficInterference

SB 672 / HB 729: Felony penalties for blocking traffic or pedestrians

Would significantly increase the penalty for “obstructing” streets, sidewalks, and other public passageways, such that demonstrators in a variety of public locations could face felony charges. Current Tennessee law prohibits intentionally, knowingly, or recklessly blocking or making passage “unreasonably inconvenient” on public streets, sidewalks, elevators, aisles, or “any other place” used for passage of people or vehicles. Under the bill, that offense would be a Class E felony, punishable by up to six years in prison, rather than a misdemeanor. As such, demonstrators in a protest that made it “unreasonably inconvenient” for someone to use a sidewalk or access a public building could be arrested and charged with a felony. If protesters blocked or impeded passage on a highway, it would be a Class D felony, punishable by up to 12 years in prison.

Full text of bill:
wapp.capitol.tn.gov/apps/BillI

Status: pending

Introduced 31 Jan 2025.

Issue(s): Traffic Interference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #SlowMarch #PipelineProtests

wapp.capitol.tn.govTennessee General Assembly Legislation
Replied in thread

#HR1057: Penalties for #protesters on #InterstateHighways

"Would create steep new penalties for #protesters deemed to be 'deliberately delaying traffic,' 'standing or approaching a motor vehicle,' or 'endangering the safe movement of a motor vehicle' on an interstate highway 'with the intent to obstruct the free, convenient, and normal use of the interstate highway.' The new federal offense would be punishable by up to $10,000 and 15 years in prison—a far harsher penalty than is the case under many states' laws, which generally already criminalize walking or standing on the highway. The bill provides an exception for 'any lawful activity' authorized by federal, state, or local law. However, it could still seemingly cover far more than 'blocking' the interstate, including a #PeacefulProtest on the shoulder of an interstate or a convoy-style, driving protest that slowed traffic. The sponsor of the bill made clear that it was in response to protesters. The same bill was introduced as HR 7349 in 2024.

Status: pending

Introduced 6 Feb 2025.

Issue(s): Traffic Interference

Press release by bill sponsor Rep. #MikeCollins (GA-10):
collins.house.gov/media/press-

Full text of bill:
congress.gov/bill/119th-congre
#CriminalizingDissent #AntiProtestLaws #Authoritarianism #Fascism #Clampdown #CiminalizingProtest #Section25 #JustStopOil #SlowMarch #CharacteristicsOfFascism

Representative Collins · Representative Mike Collins Reintroduces the Safe Passage on Interstates ActWashington, D.C. – Today, Representative Mike Collins (GA-10) reintroduced the Safe Passage on Interstates Act, which would make the intentional obstruction of interstate highways illegal.

I'm not knocking the Grecians here, but I do find it fascinating that a crowd of football fans can block a road with a #SlowMarch on the way to a match and get indulgent nods and smiles, but if they were calling for clean air, better insulation in a time of #FuelPoverty and #ClimateCrisis or an end to the bombing of Gaza there would be immediate calls to lock them up for the disruption they're causing.

Gantry climber, #CressieGethin 22, found guilty

Court & Prison, Press / February 19, 2024

#JustStopOil supporter and gantry climber, Cressie Gethin, has been found guilty. Cressie took action in July 2022, demanding the UK government immediately halts all licensing and consents for new fossil fuel exploration and extraction.

The trial began on the 5th February at Isleworth Crown Court, with Judge Duncan presiding. The jury has found Cressie guilty by a majority of ten to two. Cressie, 22, a music student from Hereford, will be sentenced on the 3rd of May with two others. They face a possible ten year custodial sentence. [2]

During the trial Cressie was prevented from talking about her reasons for taking action and was denied any legal defence by the judge. The court heard a witness testimony from acclaimed naturalist and television presenter, Chris Packham, who commented that those taking action like Cressie “should be commended for sounding a vital alarm”. He added: “I am attending court to support Cressie Gethin because I don’t think she is getting a fair trial. I think, along with the UN, that the UK’s protest laws and sentencing of protesters are unjust, draconian, and in conflict with our basic human rights.”

Cressie climbed a motorway gantry above the M25 on the 20th July 2022, two days after the governments’ net zero strategy was declared unlawful, and one day after the UK recorded its highest ever temperature of 40.3 degrees celsius, a milestone that scientists previously thought was impossible. 61,000 excess deaths were recorded across Europe as a result of the extreme heat that summer, whilst the UK government continued to licence new oil and gas. [5]

Speaking before the action in 2022, Cressie said:

“I am terrified by the extreme heat in the UK this week, knowing that this will only get worse as we continue to extract and burn more and more fossil fuels. This country has the technology and money to begin a just and rapid transition to renewable energy immediately, but our government refuses to do so. I feel it is my duty as a human being to demand change in a way that cannot be ignored.

Thousands of people will die this week as a result of the extreme temperatures we are experiencing in the UK. We are in this situation because of increasing global temperatures caused by the emissions from burning fossil fuels. Against this backdrop, the UK government plans to open new oil and gas fields. I am dumbfounded by their negligence.

I am thinking of the countless people across the country and abroad who are now experiencing illness and death as a result of the climate crisis. People are angry that our government is continuing down the path of destruction, and we will not simply stand by and let this happen.”

A Just Stop Oil spokesperson commented:

“It would be extremely convenient for everyone if the climate crisis could be removed from our lives by the ruling of a Judge. If we could imprison the wildfires, if we could arrest famines, or if we could legislate against the rising sea waters that will leave parts of Britain submerged, that would be a fantastic outcome – but the reality is that we can’t and rapid decarbonisation is the only way of preventing these horrifying outcomes.

However, the judiciary – like the police – is proving to be an effective arm of the oil and gas industry, by silencing and imprisoning members of the public taking nonviolent action against climate collapse. Future generations will be disgusted by rulings such as this.”

As the world passes tipping points that threaten the breakdown of ordered civilization, world leaders, captured by the interests of oil lobbyists and big business, are failing to protect our communities. British citizens are sick of being led by liars and crooks. Until we stop Tory oil, supporters of Just Stop Oil will continue taking proportionate action to demand necessary change. Sign up for action at juststopoil.org.

juststopoil.org/2024/02/19/gan

#SLAPPs #2023PublicOrderAct #DirectAction #ACAB #Fascism #CriminalizingDissent #WaterIsLife #BigOilAndGas #WaterProtectors #ForestDefenders #ClimateActivists
#ClimateJustice #CorporateColonialism #EcoActivists #Censorship #HumanRightsViolations #Article20 #RightToProtest #SlowMarch

Just Stop Oil – No More Oil and Gas · Gantry climber, Cressie Gethin 22, found guilty – Just Stop OilJust Stop Oil supporter and gantry climber, Cressie Gethin, has been found guilty. Cressie took action in July 2022, demanding the UK government immediately halts all licensing and consents for new fossil fuel exploration and extraction. [1] The trial began on the 5th February at Isleworth Crown Court, with Judge Duncan presiding. The jury has

The right to #protest is under threat in #Britain, undermining a pillar of democracy

By JILL LAWLESS
December 26, 2023

LONDON (AP) — "For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading '#JustStopOil' off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.

"They are among hundreds of #environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.

"The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say #CivilRights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful #demonstrators, along with government officials labeling #EnvironmentalActivists #extremists, mark a worrying departure for a liberal democracy.

"'Legitimate protest is part of what makes any country a safe and civilized place to live',' said Jonathon Porritt, an #ecologist and former director of #FriendsOfTheEarth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.

"'The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.'"

Read more:
apnews.com/article/britain-dem

AP News · People's right to protest is under threat in BritainBy JILL LAWLESS

Wired: How to Protest Safely: What to Bring, What to Do, and What to Avoid

If you’re planning on hitting the streets, here’s what you need to know.

by Louryn Stramp and Lauren Good
June, 2022

"Reproductive rights in America have drastically changed. The US Supreme Court has overturned Roe v. Wade, which opens the doors to states criminalizing abortion and blocking access to information about it. Certain legal experts note that the language used in the current draft from Justice Samuel Alito could further erode protections surrounding birth control, gay marriage, and interracial marriage, which implies additional civil rights are under threat.

"This guide to safe protesting was originally written in 2020 during the nationwide outcry over police brutality, which overwhelmingly targets Black people like George Floyd, Breonna Taylor, and Tony McDade. Whether you’re marching for racial justice, reproductive rights, or climate conservation, our advice applies to most protests.

"If you're thinking about joining a protest near you, there are some crucial factors to consider: Police brutality is an abstract concept for some but a stark reality for others. Similarly, few people think about abortion access until they need it. There are ways you can contribute to police brutality causes or to abortion funds and independent clinics if you don't feel safe protesting or are otherwise unable to physically do so. You can also donate time to community groups, drop off supplies for protests, or contact local legislators.

How to Protest Safely in the Age of Surveillance

"That being said, protesting is a right of all Americans under the First Amendment (more on that below). Before you head out, you should know that police across the country have acted with unnecessary force, including driving vehicles through crowds, partially blinding a photojournalist, and macing children. The list goes on and on.

"If you still want to join in, we've gathered some advice, as well as a list of items you may want to bring with you. Be careful, and stay safe.

Table of Contents

- What to Bring (and Not Bring) to a Protest
- Before You Leave
- Know Your Rights
- While You're at the Protest
- What to Avoid
- What to Do If …
- After the Protest

Read more [paywall]:
wired.com/story/how-to-protest

Internet Archive:
web.archive.org/web/2023011205

WIRED · Protesting Tips: What to Bring, How to Act, How to Stay SafeBy Louryn Strampe

How #corporate #SLAPP lawsuits endanger our rights and the #planet

by Chris Greenberg
25 April 2023

"Hope creates the conditions for #ClimateAction. And climate action nurtures hope. Just as hope and action have a reinforcing relationship, so do fear and silence.

"The #polluting #corporations who put #profits over people and the planet know this and they use their resources to intimidate, to instill fear, and ultimately to silence the people directly impacted by their short-sighted, extractive greed.

"#SLAPPs, a type of abusive lawsuit, are a key tool used by corporate power to suppress #FreeSpeech and people power. These cynical lawsuits can force non-profit organizations like #Greenpeace International to divert precious resources away from campaigning for a more just and sustainable society. Perhaps even worse, SLAPPs can intimidate targets from challenging powerful corporations in the future.

"Every SLAPP, regardless of the defendant, is an attack on everyone who believes in the power of free speech and the right to #PeacefulProtest. No one should be bullied for speaking up on behalf of people and the planet.

"But CorporateBullies beware!

"In a massive win for free speech, a US federal court recently dismissed a seven-year lawsuit brought by #ResoluteForestryProducts against a number of Greenpeace staff members and entities, including #GreenpeaceInternational and #GreenpeaceUSA. The #Canadian #logging company sued the Greenpeace defendants for CA $100 million in an attempt to silence and bankrupt them, after criticism of its #unsustainable #forestry practices.

"Let’s take a closer look at SLAPPs so you can recognize them when you see them:

"What does #SLAPP stand for? SLAPP stands for '#StrategicLawsuitAgainstPublicParticipation '. These lawsuits are used by #corporations attempting to diminish or even stop public participation in civil society. SLAPPs often lack any kind of merit, and don’t need to result in a legal victory to achieve the outcome desired by corporate bullies.

"SLAPPs waste time and cause financial and sometimes #PsychologicalHarm to targeted individuals and organisations who have to hire #lawyers and engage in costly #LegalBattles, sometimes to the point of facing bankruptcy. These lawsuits attempt to silence free speech and limit peaceful #dissent by using litigation as a tool for deterring non-violent protest and even documenting and bearing witness."

Read more:
greenpeace.org/international/s

Greenpeace InternationalHow corporate SLAPP lawsuits endanger our rights and the planet - Greenpeace InternationalHope creates the conditions for climate action. And climate action nurtures hope. Just as hope and action have a reinforcing relationship, so do fear and silence.

Just Stop Oil activist jailed for six months for taking part in slow march

Stephen Gingell, 57, thought to be first to receive prison sentence under new Public Order Act

by Damien Gayle
Fri 15 Dec 2023

"A #ClimateActivist has been jailed for six months after pleading guilty to taking part in a peaceful #SlowMarch protest on a London road.

"The sentence handed to Stephen Gingell, 57, is thought to be the first jailing under a new law that critics say makes anyone walking in a road liable for prosecution for 'interference with key national infrastructure'.

"#Section7 of the #PublicOrderAct2023 bans any act that prevents newspaper printing presses, power plants, #oil and #gas extraction or distribution sites, #harbours, #airports, #railways or #roads 'from being used or operated to any extent', with a potential penalty of 12 months in jail.

"Gingell, a father of three from #Manchester, was one of about 40 supporters of #JustStopOil who spent about 30 minutes marching on #HollowayRoad in north #London at about 4pm on 12 November, the climate campaign group said.

"He pleaded guilty to breach of section 7 at a hearing that same month at Wimbledon magistrates court. On Thursday, his case was transferred to Manchester magistrates court, where he was sentenced to six months.

"Just Stop Oil has been campaigning since 2022 for the UK government to stop all new fossil fuel production. The campaign’s 'guerrilla tactics' were cited by the Home Office when it introduced the Public Order Act’s tough new #AntiProtest measures to parliament.

"Police began using section 7 to tackle Just Stop Oil’s protests at the end of October, arresting 60 people taking part in a march in Parliament Square. In a campaign of slow march protests carried out by the group between then and 4 December, 470 of the group’s supporters were arrested 630 times, with about half of those arrests under the new law.

"A spokesperson for the campaign said: 'Section 7 of the Public Order Act 2023, a law drafted by the #FossilFuel lobby, was introduced in April by Priti Patel, and covers ‘interference with the use or operation of key national infrastructure’. It seems this government has now made walking down the road, walking on the public highway an illegal act that is worthy of imprisonment.

"'How many fathers will be imprisoned before those planning to kill us are stopped? New oil and gas will see millions upon millions lose their homes, livelihoods and lives. Protected by the government, by failed politicians, by the police, those committing genocide continue to walk free, those protesting the killings are banged up. Whose side are you on?'

"The human rights organisation Liberty criticised Gingell’s sentencing. Katy Watts, a lawyer at Liberty, said: “It is shocking to see such harsh sentences handed down to protesters. This is yet another unnecessary and draconian law introduced by a government that is hell-bent on discouraging people from standing up for what they believe in. It is a clear attempt to silence people and for the government to hide from all accountability.

"Protest is a fundamental right, not a gift from the state. Government should be protecting our right to protest, not criminalising it.'"
theguardian.com/environment/20

The Guardian · Just Stop Oil activist jailed for six months for taking part in slow marchBy Damien Gayle

#KnittingNannas claim partial victory in #NSW #AntiProtest law challenge

#Environmental #activists claim success after partial overturn of state laws that criminalised protest actions near major hubs

Lisa Cox
Wed 13 Dec 2023 03.23 EST

“The New South Wales supreme court has found that parts of anti-protest laws introduced by the former Perrottet government are unconstitutional because they infringe on the implied freedom of political communication.
“The laws were introduced in 2022 in response to a series of climate protests that disrupted Port Botany.

“The laws, which passed with the support of the then Labor opposition, added a new section to the state’s Crimes Act to target protest activities at major facilities such as railways, ports, transport facilities or infrastructure.

“The new offences, which carried maximum penalties of two years imprisonment and $22,000 in fines, applied in circumstances where protest activities caused damage to the facility, seriously disrupted or obstructed people attempting to use the facility, closed or partially closed the facility, or caused people trying to use the facility to be redirected.

“Two 'knitting nannas' – Helen Kvelde and Dominique Jacobs – took legal action to defend the right to protest, arguing that the new laws fundamentally undermined their right to political communication.
Their legal representative, the Environmental Defenders Office, argued that criminalising certain protest activities was unconstitutional because it impermissibly burdened the implied freedom of political communication.

“In a judgment on Wednesday afternoon, the court found the new section of the Crimes Act did 'effectively burden the implied freedom in its terms, operation, and effect … the law is, therefore, constitutionally invalid unless justified'.

“The court found the burden was unjustified where the protest activity caused people to be redirected or caused a facility to be partially closed. Those parts of the laws were therefore invalid.

“Kvelde said she was happy the court had given 'some acknowledgement to the democratic right to protest'.

“’But these laws to me feel like a distraction. As if both Labor and the Liberal party are trying to get the population angry with protesters instead of angry against politicians for failing to protect us from #ClimateEmergency,' she said.

“’I’m not sure what we can do next, but it doesn’t feel right to just let this go. We need to fight for our democratic right to protest peacefully. I wish people would understand that ultimately these laws could affect anyone – anyone the government of the day does not like.'

“A spokesperson for the Minns government said it was 'carefully considering the judgment and seeking advice on appeal options or options for legislative reform to ensure that protest activity is appropriately regulated and balances the rights and freedoms of the people of NSW'.

“The NSW #Greens spokesperson for climate change and the environment, Sue Higginson, called on Labor to consider the judgment in full. 'While the court upheld parts of the law targeting the actions of protestors it found parts to be unconstitutional. Clearly, the former Coalition government enacted harsh and draconian laws, it was an overreach,' she said.

“‘The Minns Labor government should now repeal all of the Coalition’s anti-protest laws as they have now been shown to be bad laws and, as civil society has maintained since they were first introduced, they are entirely unnecessary.'

“The knitting nannas also asked the court to find amendments to regulations that altered the definition of 'major bridge, tunnel or road' to be beyond the government’s regulation-making power and therefore invalid. But the court found those amendments were valid.”

theguardian.com/australia-news