H.R. 347: Get the Truth on the New "Protest Law"
Partnership for Civil Justice Fund
Partnership for Civil Justice
H.R. 347: Get the Truth on the New "Protest Law"
A Factsheet written by the Partnership for Civil Justice Fund
From Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund
H.R. 347: Get the Truth on the New “Protest Law”
This past week there has been a rallying cry in defense of free speech sounding the alarm that there is brand new legislation, H.R. 347, that some have wrongly argued radically transforms the landscape for protestors in the United States. Today, President Obama signed H.R. 347 into law.
Much of what has been written about H.R. 347 is not correct. We are writing this to clarify the situation and separate fact from fiction.
Many of the articles and email blasts claim that the law at issue, H.R. 347, “Federal Restricted Buildings and Grounds Improvement Act of 2011,” was written in response to, and targets, the Occupy Movement and is a new full scale assault on dissent in general. There have been alerts, articles and email campaigns urging people to take action asserting that the new bill “criminalizes protest,” is “severely curtailing First Amendment liberties,” “makes protest illegal,” is “outlawing the Occupy Movement,” and makes “free speech a felony.” There is even one campaign titled, “Say Goodbye to Your First Amendment Rights.” Sounds alarming.
At the Partnership for Civil Justice Fund, we have received many calls and inquiries regarding the central question: how does this law affect protestor rights?
We think these facts will help:
Fact: H.R. 347 does not represent a new law regulating free speech rights.
Most of the language of H.R. 347 has been on the books since 2006. H.R. 347 is an amendment to an existing law, 18 USC § 1752 “restricted buildings and grounds,” that has existed in various forms since 1971. The most significant amendments to the law occurred in 2006.
The law is a bad law -- but it has been a bad law for years. Much of the language that people are talking about this week already exists and has existed for years. The language about “an event designated as a special event of national significance”? Already there. The language about “engaging in disorderly or disruptive conduct in, or within such proximity to” a restricted area? Already there. The language about “conspiracy”? Already there.
Fact: The purpose of the existing law, and why it’s bad.
The law as substantially amended in 2006 is very problematic and people should be rightfully concerned. What the law does (but this is not new) is it creates what is in essence a roving or movable zone of federal law enforcement jurisdiction around any person who is under Secret Service protection or in conjunction with a National Special Security Event (NSSE), as distinguished from a permanently fixed location. This allows for federal prosecution of persons who commit enumerated violations of the law within that zone and some of those violations read like classic protest activities.
Among other things, the law allows the Secret Service to designate what would normally be public space as a restricted area and for there to be federal prosecution of anyone who “enters or remains” in a restricted area where a person under Secret Service protection will be visiting or which is restricted in conjunction with an NSSE; or who engages in “disorderly or disruptive conduct” with the intent and effect of “imped[ing] or disrupt[ing] the orderly conduct of Government business or official functions;” or who blocks entrance to or exit from a restricted area.
Certain major events are designated as NSSEs, and there are at least three on the horizon this year. They include DNC and RNC major party conventions this summer and the NATO meeting in Chicago in May. Other events that are so designated have included IMF/World Bank meetings, G-8 and G-20 meetings, the Inaugurations, and even the Super Bowl.
.C., OCCUPY CHICAGO, OCCUPY WALL STREET, WASHINGTON
