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

S 6746: New penalties for protesters who wear a #mask

Would create a new criminal offense, “concealment of identity during a protest,” that would cover peaceful protesters who wear a mask while demonstrating. Under the bill, a person who wears a mask or facial covering that disguises their face “so as to conceal the identity of the wearer” while “involved in a lawful assembly, unlawful assembly, protest, or riot” commits the offense. The bill provides an exception for masks and other face coverings worn as protection from weather, for religious reasons, for medical purposes, or as a costume for a holiday or exhibition. While only a violation, the new offense would restrict individuals’ ability to protest lawfully while remaining anonymous, for instance to avoid retaliation.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S6746
Status: pending

Introduced 21 Mar 2025.

Issue(s): #FaceCovering, Riot

S 5911: Heightened penalties for #riot and incitement to riot

Would enhance the penalties for first and second degree "riot" as well as "incitement to riot." Under New York law, "incitement to riot" is broadly defined, and could cover a person or organization found to have "urged" a group of people to protest in a "tumultuous and violent" way that is “likely to create public alarm”—regardless of whether such protest ever takes place or creates “public alarm.” The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S5911

Status: pending

Introduced 3 Mar 2025.

Issue(s): Riot

S 723: New criminal penalties for masked protesters

Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them. The same bill was introduced as S 9194 in the 2023-2024 session.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S723

Status: pending

Introduced 8 Jan 2025.

Issue(s): Protest Supporters or Funders, Face Covering

S 534: New penalties for protesters who block #traffic

Would create a new criminal offense that could cover #UnpermittedProtests and #demonstrations on #streets, #sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail. The same bill was introduced as S 8646 in 2024.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S534

Status: pending

Introduced 8 Jan 2025.

Issue(s): #TrafficInterference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws