From 2021... This started before #Trump, but things are way worse now!

#AntiProtestLaws Threaten #Indigenous and #Climate Movements

“#CriticalInfrastructure” laws in over a dozen states wrongly invoke national security to justify targeting #PipelineProtesters.

Kaylana Mueller-Hsia, March 17, 2021

"In 2016 as a member of Congress, #DebHaaland stood for four days in solidarity with protesters at the #StandingRockSioux Reservation against construction of the #DakotaAccessPipeline. Today, as the first #NativeAmerican to be the secretary of the interior — the first to lead any cabinet department — she has the opportunity to support the #FirstAmendment rights of the protesters she joined in the past.

"With her authority over energy development on federal lands, Haaland can be a voice for Indigenous and climate movements facing an urgent threat: the rapid spread of laws to protect 'critical infrastructure' that single out activists.

"Since 2016, 13 states have quietly enacted laws that increase criminal penalties for trespassing, damage, and interference with infrastructure sites such as oil refineries and pipelines. At least five more states have already introduced similar legislation this year. These laws draw from national security legislation enacted after 9/11 to protect physical infrastructure considered so 'vital' that the 'incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety.'

"Many industry sectors are designated critical infrastructure, including food and agriculture, energy, water and wastewater, and communications, but most state critical infrastructure laws focus more narrowly on oil and gas #pipelines. While protecting critical infrastructure is a legitimate government function, these laws clearly target environmental and Indigenous activists by significantly raising the penalties for participating in or even tangentially supporting pipeline trespassing and property damage, crimes that are already illegal. Many laws are modelled on draft legislation prepared by the American Legislative Exchange Council, also known as #ALEC, a powerful lobbying group funded by #FossilFuel companies like #ExxonMobil and #Shell.

"Central to the new critical infrastructure laws are increased criminal penalties and vague, broad definitions that could discourage protest and particularly, nonviolent civil disobedience. Many laws make any 'damage' to or 'interference' with a facility deemed critical infrastructure a felony. Under #Ohio’s law, trespass with the purpose of 'tampering' with a facility is a third degree felony punishable by up to 10 years in prison and a $20,000 fine. In Indiana, a felony conviction is applied for any facility trespass, a crime that is typically a misdemeanor or fine.

"Vague language like 'damage,' 'tamper,' and 'impede' in critical infrastructure laws makes it unclear if, for example, knocking down #SafetyCones and starting a fire next to a natural gas facility are the same under the law. Many critical infrastructure laws do not clarify if they apply only to land a company fully owns or also to pipeline easements, which run through both public and private lands. At least some laws apply to both. Only a week after Louisiana’s critical infrastructure law was enacted, opponents of the Bayou Bridge pipeline were charged with trespassing for boating on public waters on the border of a pipeline easement.

"The combination of overly broad language and steep penalties in critical infrastructure laws make it likely that future activists and supporting organizations will be discouraged from exercising their First Amendment-protected protest rights. A lawsuit brought in response to the #BayouBridge charges will test the laws for the first time on First Amendment grounds.

"Many of these laws even extend beyond the protesters. In a proposed law in #Minnesota, anyone who 'recruits, trains, aids, advises, hires, counsels, or conspires' someone to trespass without a 'reasonable effort' to prevent the trespassing is guilty of a gross misdemeanor. In #Oklahoma organizations that conspire with perpetrators are liable to be fined up to $1 million. These laws may infringe on the freedom of association protected under the First Amendment. Indeed, the Supreme Court ruled that the illegal actions of a few individuals do not implicate an entire group.

"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of #HomelandSecurity and the Federal Bureau of Investigation have labelled activists at infrastructure sites as #DomesticTerrorists and violent extremists in order to justify further #surveillance and #policing. Government documents have been released that detail the FBI’s focus on '#AnimalRights / #EnvironmentalExtremism,' describing even #NonviolentProtesters as #extremists.

"At Standing Rock, a private security firm [#Blackwater] hired by the pipeline companies consistently referred to protesters as 'terrorists' while working with law enforcement. Ahead of the #KeystoneXLPipeline protests in 2018, #DHS agents held an '#AntiTerrorism training' for state and local authorities. In contrast, members of the #FarRight militant group the #ThreePercenters have established a significant presence at oil and gas plants with little law enforcement reaction.

"To be sure, as the recent power outages in Texas showed so vividly, the United States needs reliable energy. But it’s questionable whether pipeline construction sites that could feasibly be moved or replaced with renewable energy sources should legitimately be considered 'vital' to the energy grid. Furthermore, a singular focus on this aspect of security comes at the cost of others. Whose essential resources do pipeline projects protect and whose do they threaten? Black Americans are disproportionately likely to live near natural #GasPipelines and experience higher #CancerRisk due to unclean air. An oil spill from the Dakota Access Pipeline could devastate the #SiouxTribe’s water source. Meanwhile, on some reservations, 10 percent of households lack electricity and as many as 40 percent of households must haul water and use outhouses. The well-being of these communities must count too.

"The rise in critical infrastructure laws may foreshadow more anti-protest legislation to come. A similar wave of anti-protest laws has already begun in response to the 2020 #BlackLivesMatter protests. State legislators contemplating critical infrastructure laws should bear in mind that laws that criminalize trespassing and protect the safety of construction workers and law enforcement already exist. Critical infrastructure laws don’t fill an unmet need — they only raise the penalties for specific groups of people. Courts adjudicating #FirstAmendment challenges in the coming years should recognize that these laws are overbroad and impose disproportionately severe penalties that chill freedom of assembly and association.

"As secretary of the interior, Haaland promises to uplift the voices of Indigenous and climate protesters in the Biden administration. State legislators, law enforcement, and the fossil fuel industry should follow suit and listen to these activists rather than suppressing constitutionally protected activity under the guise of national security."

Source:
https://www.brennancenter.org/our-work/analysis-opinion/anti-protest-laws-threaten-indigenous-and-climate-movements

#VictoriaAustralia’s draconian new #AntiProtest laws will have a chilling effect on #FreeSpeech — and won’t keep anyone safe

Far-reaching anti-protest measures and giving police more repressive powers only serve to increase the risk of escalating violence.

by Sarah Schwartz, Jul 9, 2025

"In response to the weekend’s attack on the East Melbourne Hebrew Congregation, Victorian Premier Jacinta Allan has announced she will forge ahead with new anti-protest measures and more #police powers.

"In doing so, she is following what has become the new normal for state governments across the country: using acts of racism and violence as a pretext to #ClampDown on unrelated democratic rights.

"Taking to the streets in peaceful protest is one of the main ways for people to come together and express our political views when our representatives aren’t listening to us. But this right is not without limits. Every person has a right to worship in safety. The attack on East Melbourne Synagogue was not a protest; it was an act of antisemitism. The suspect has been apprehended and charged with a multitude of criminal offences.

"Two other incidents over the weekend, the targeting of a business with ties to the Gaza Humanitarian Foundation — a US-backed #Israeli organisation linked to the massacres of unarmed #Palestinians seeking aid — and a weapons company with links to the Israeli military, are also being referred to as justifying new laws. It is important not to conflate these actions against Israel with an attack against a Jewish place of worship. International human rights law, as well as our current laws, already place limits on protests that involve intimidation and violence.

"So what is actually being proposed in response? The Allan government is suggesting the creation of a new criminal offence for wearing a #FaceCovering at peaceful protests, banning 'dangerous attachment devices' (e.g. a #chain, a #BikeLock) — which have long been used in non-violent civil disobedience — and #criminalising peaceful protests around places of religious worship.

"The ban on face coverings would be a first in #Australia. It would mirror measures used in #authoritarian states that force people to submit themselves to various forms of #StateSurveillance.

"#VictoriaPolice has been using facial recognition software for years without any regulatory or legislative framework to prevent breaches of privacy. This technology, combined with a ban on face coverings at protests, would essentially amount to an obligation on behalf of individuals to submit to surveillance by the state, corporations and other groups that surveil protesters.

"Unless you’re a #MiningCompany spending hundreds of millions buying politicians’ favour or can wine and dine decision-makers, peaceful protest is one of the main ways for people to hold governments and corporations to account. Protests for the eight-hour workday, #WomensRights, #FirstNationsRights and the #AntiWar movement have led to significant improvements in all of our lives.
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"Many people attending protests wear face coverings to protect their privacy and anonymity. For temporary migrants, the consequences of identification can include visa cancellation and detention. #FarRight groups, abusers of gender-based violence and other political groups have all been documented as engaging in doxing, surveillance and retaliatory violence against people identified at peaceful protests.

"Even with exemptions, a ban would mean that people who wear facemasks for reasons of health, disability status, or religious or cultural reasons would be at risk of police targeting and made to justify their use of a face mask.

"Adding new repressive police powers against peaceful protesters only serves to increase the risk of escalating violence at already heightened public demonstrations. People will not stop taking to the streets on issues they care about, even if the state tries to stifle their voices. Donald #Trump’s deployment of the #NationalGuard in response to protests in LA shows us how deploying more state force at protests increases rather than decreases the risk of violence.

"A ban on protests outside or within a certain proximity to places of worship would mean police could arrest those engaging in peaceful protests for a genuine, non-discriminatory purpose — for example, protests by survivors of #ClergySexualAbuse or by congregants against the political activities of their own religious institutions.

"It would also have the unintended consequence of rendering large areas of the state no-go zones for peaceful protest, due to the high number of places of worship. Similar laws in #NSW are already being challenged for their #unconstitutionality.

"Taken together, this suite of laws, which would provide police with extraordinary powers against people peacefully raising their voices against #injustice, would have a chilling effect, deterring #MarginalisedGroups from attending protests and exercising their rights to freedom of expression, which the Victorian government has sought to protect.

"Ultimately, banning face coverings at peaceful protests and banning protests outside places of worship would not have done anything to prevent what occurred over the weekend. Premier Allan knows this. Yet she is stuck in the same reactive law-and-order merry-go-round that saw NSW Premier Chris Minns enact fear-based, repressive anti-protest measures in response to what we now know was an opportunistic criminal conspiracy.

"Encouraging people to express their political views peacefully is the antidote to non-peaceful forms of protest and is something that all governments should be encouraging and facilitating. At times like this, we should be able to trust our politicians not to fuel division and panic through misguided and knee-jerk responses, but to take measures to address the root causes of racism and hatred."

https://www.crikey.com.au/2025/07/09/victoria-anti-protest-laws-police-powers-jacinta-allan-miznon-east-melbourne-synagogue/