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NewsThe League of Women Voters of North Carolina opposes HB 805, which has the potential to criminalize protests and suppress free speech. The law is based on a belief that protests are dangerous and it authorizes law enforcement to make arrests when they perceive an "imminent threat of disorderly and violent conduct," even when no such activity may have occurred. This bill would have the effect of stifling citizens' ability to influence government through peaceful protests.
The bill's criminalization of acts uses overly broad language that depends on law enforcement officers' perception about whether a participant actually caused harm or property damage in order to be subject to the rioting charge. This raises the danger of subjective, potentially biased decision making.
LWVNC condemns rioting that involves trespassing and endangering people or property. However, this bill is not necessary. There are laws that cover destruction of property and real acts of violence. Instead, this bill is a reaction to protests for racial justice and law enforcement accountability. The bill is not about protecting citizens against "riots;" it is about silencing dissent. If citizens can be arrested and charged with rioting, vaguely defined, they will be discouraged from exercising their First Amendment rights.
Instead of attempting to stifle free speech, lawmakers should be protecting free expression, even when it includes messages they do not want to hear.
Updated on 05/25/21:
LWVNC President Jo Nicholas' letter to the editor about this bill was published in today's News & Observer. In it, she speaks out against HB 805, saying "it's about silencing dissent."
Read the full letter here.
League to which this content belongs:
North Carolina
