Lawmakers in Albany are currently considering proposals that could criminalize peaceful demonstrations. Under these measures — one introduced by state legislators and another proposed by Gov. Kathy Hochul — participating in a small, peaceful demonstration could be a crime if it happens on the streets and sidewalks near houses of worship and reproductive health care facilities:
At thousands of locations across the state, New Yorkers would risk penalties of up to 364 days in jail for a first offense and up to four years for a second.
These bills go far beyond stopping people from blocking building entrances or engaging in threats or harassment — all of which is already illegal. The first bill, S.8599 / A.9335, would completely ban all demonstrations of two or more people within the buffer zones. Gov. Hochul’s proposal, Part K of S.9005 / A.10005, would ban demonstrations to “alarm and annoy” people going to the covered site.
Holiday parades, labor rallies, vigils, and processions — all could be criminalized if they happen on public streets and sidewalks near a house of worship or reproductive health care facilities.
But the First Amendment protects the right to speak your mind on public streets and sidewalks. These restrictions threaten dissent, expand government control over protests, and undermine a core constitutional freedom.
Want to learn more about these proposals and their constitutional implications? Read FIRE’s full analysis here.
New Yorkers must speak out now.
Tell your state legislators to oppose these unconstitutional proposals and defend the right of New Yorkers to peacefully protest.
