Alaska
HB 71 / SB 74: New penalties for protesting without a permit
Would introduce new criminal and civil penalties that could cover participants in a spontaneous protest or other demonstration without a permit. The bill creates a new felony offense that would cover someone who “knowingly… obstructs or blocks a public place.” While it includes exceptions for “obstruction” authorized by a permit or otherwise authorized by the law, the new offense would clearly cover unpermitted protests—particularly large protests in public plazas, parks, streets, sidewalks or other places that might “obstruct” the movement of nonparticipants. If the protest “substantially interferes” with someone’s access to a government building, or “interferes” with an emergency responder, the offense would be a Class C felony, punishable by up to five years in prison and $50,000. In all other cases it would be a Class A misdemeanor, punishable by up to one year in jail and $25,000. In addition to criminal penalties, the bill creates expansive civil liability for protesters who block public places. A person “whose passage is obstructed” could sue a protester for $10,000 if their rights were infringed, $50,000 if their property was damaged, and $100,000 if they were personally injured – in addition to attorney’s fees and costs. Under the bill, civil liability extends to anyone who “directly or indirectly, by words or action, aids, encourages, or authorizes the conduct,” including by “advising” another person to engage in the conduct or “conspiring” to engage in the conduct. It also extends to anyone outside the state of Alaska if they “knew or had reason to know” that their acts were likely to lead to the obstruction. A similar bill was introduced in 2024, though with lesser criminal penalties.
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See full text of bill here)
Status: pending
Introduced 27 Jan 2025.
Issue(s): Civil Liability, Protest Supporters or Funders, Traffic Interference
Alaska
HB 386 / SB 255: New penalties for protesting in the street and other public places without a permit
Would introduce new criminal and civil penalties that could cover protesters who demonstrate in street and other public places without a permit. The bill creates a new offense of “obstruction of free passage in public places,” to apply if someone “knowingly renders a public place impassable or passable only with unreasonable inconvenience or hazard.” While it includes exceptions for “obstruction” authorized by a permit or otherwise authorized by the law or a person “in charge of” the premises, the new offense would clearly cover unpermitted protests—particularly large protests in public plazas, parks, streets or other places that might make it “unreasonably inconvenient” for other individuals or cars to pass. If the protest “substantially interferes” with someone’s access to a government building, or “interferes” with an emergency responder, the offense would be a Class A misdemeanor, punishable by up to a year in jail and $25,000. In all other cases it would be a Class B misdemeanor, punishable by 90 days in jail and $2,000. In addition to criminal penalties, the bill creates expansive civil liability for protesters who block public places. A person “whose passage is obstructed” could sue a protester for $10,000 if their rights were infringed, $50,000 if their property was damaged, and $100,000 if they were personally injured – in addition to attorney’s fees and costs. Under the bill, civil liability extends to anyone who “directly or indirectly, by words or action, aids, encourages, or authorizes the conduct,” or “conspires” to engage in the conduct. It also extends to anyone outside the state of Alaska if they “knew or had reason to know” that their acts were likely to lead to the obstruction. Finally, the bill substantially increases the penalty for trespassing if it creates a substantial risk of physical injury, or “interferes with” an “emergency response.” First degree trespass, which includes entering onto property with intent to violate a law, would be a Class C felony in such cases, punishable by five years in prison and $50,000, rather than a Class A misdemeanor.
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See full text of bill here)
Status: defeated / expired
Introduced 21 Feb 2024.
Issue(s): Civil Liability, Protest Supporters or Funders, Traffic Interference, Trespass
Alaska
HB 295: Mandatory sanctions for campus protesters
Would create mandatory disciplinary sanctions that could be applied to peaceful protesters at the University of Alaska. The bill requires the University to adopt a policy prohibiting and subjecting to sanction any "protests or demonstrations that materially and substantially infringe on the rights of others to engage in or listen to expressive activity." Additionally, the bill requires administrators to suspend for at least one year or expel any student who is twice found "to have infringed on the expressive rights of another," such as through a protest of a campus speaker. (See full text of bill here)
Status: defeated / expired
Introduced 24 Feb 2020.
Issue(s): Campus Protests
