By Danielle Battaglia, McClatchy Washington Bureau.
Distributed by Tribune Content Agency, LLC.
Student Voices
UNCP STUDENTS RESPOND
“I am a Palestinian myself, actually. It’s a very rough time for people in Palestine and it’s only right for people to hear our side of the story.” PN Photo/Kia Whynne
“I think it’s an overreach of the law as it’s preventing peaceful protest and preventing our free speech.” PN Photo/Raven Hanning
“I feel like the Bill of Rights is created to help but we have to keep in mind that we can’t just do what ever we want, like if you want to protest, if you want to say something [do it]. That doesn’t mean we can harm others because you’re trying to prove a point.” PN Photo/Kia Wynne
“Where I come from, no matter what the stance is, unless it’s too controversial, you have the right to put your voice out there. i think the ban is unjustified.” PN Photo/Raven Hanning.
“Honestly, there is a danger hazard when people are protesting on the road and active cars are going back and forth. I feel like there should be a way for them to [not fully] block the road and still protest, like section off a certain part of the road.” PN Photo/Kia Wynne
“I feel like you can protest, but don’t do it where it’s uncomfortable or in the way.” PN Photo/Raven Hanning
Sen. Thom Tillis wants to put up a roadblock for protesters by making it a federal crime to literally block streets during demonstrations.
On Monday, Tillis, a Republican from North Carolina, and Sen. Marsha Blackburn, a Republican from Tennessee, announced the Safe and Open Streets Act, which would punish protesters who choose to block roads with fines and up to five years in prison.
“The emerging tactic of radical protesters blocking roads and stopping commerce is not only obnoxious to innocent commuters, but it’s also dangerous and will eventually get people killed,” Tillis said in a news release. “It needs to be a crime throughout the country.”
Tillis’ office added in a written statement that the bill is in direct response to pro-Palestinian protesters who have intentionally blocked streets, in recent months, throughout the United States.
On Monday, hundreds of pro-Palestinian protesters were arresting in New York City after blocking tunnels and bridges into Manhattan, CBS News Reported.
Durham Protest
Motorists in Durham endured snarled traffic in November when dozens of protesters sat in the northbound lanes of the Durham Freeway for hours during rush hour, The News & Observer previously reported. Hundreds more protesters gathered nearby on the South Mangum Street bridge and on the side of the highway.
The Protesters called for a ceasefire int eh Israel-Hamas war and for U.S. Rep. Valerie Foushee to sign a resolution supporting the ceasefire.
Lt. Gov. Mark Robinson posted on social media following the protest that he would not tolerate that kind of behavior if he becomes governor, a position he’s running for in the 2024 elections.
Tillis and Blackburn’s release also noted that during the holidays, travelers in both Los Angeles and New York City faced protesters blocking access to the airports’ roads.
“Blocking major roads to stop traffic flows is nothing short of lawlessness that should not be tolerated,” Blackburn said in a news release. “These activists are not only intentionally creating a dangerous situation for themselves, but perhaps for a citizen who is awaiting an ambulance or a hard worker who will lose their job for being late. The Safe and Open Streets Act is critical to stopping this reckless behavior, particularly by Hamas sympathizers, in our U.S. cities.”
North Carolina Bill
State lawmakers tried unsuccessfully, in 2017, to toughen penalties for blocking roads during protests after demonstrations in Charlotte turned violent following the deadly police shooting of Keith Lamont Scott, The News & Observer previously reported.
The Charlotte Observer reported that Scott, 43, a Black male, was shot and killed on Sept. 20, 2016, by Charlotte Police Officer Brentley Vinson, who is also Black. Police told the public that officers saw Scott get out of his vehicle with a gun and refuse to drop the weapon. Scott’s wife, who witnessed the shooting, disputed the story, but prosecutors cleared VInson of any wrongdoing after reviewing evidence.
Immediately after Scott’s death, protestors gathered, sometimes becoming violent, and shut down Interstate 85 and Interstate 277.
Had the bill passed, those who blocked roads while rioting, or participating in unlawful activity, would have faced a Class A1 misdemeanor charge, which carries the heaviest punishments, The N&O reported at the time. If the person was found guilty of “economic terrorism,” meaning they disrupted business, they could be charged with a felony and face up to 25 months in prison.
The legislation also would have allowed cities and towns to sue a person convicted of these crimes for the cost of the law enforcement response.
The bill never made it out of committee.
State lawmakers then tried to pass a second bill, in 2017, also in response to the Scott protests, that would protect motorists who unintentionally hit a protestor in the road.
The bill passed the House but didn’t make it out of the Senate.
First Amendment Rights
Whether Tillis’ bill can get enough approval to pass the Senate remains to be seen. Democrats hold a slim majority in the Senate, meaning Tillis, who often works across the aisle, would need to get some members of the opposing party to support the bill.
When lawmakers at the state level proposed their bill toughening penalties for protestors blocking traffic, an ACLU official criticized the bill and told The N&O that regardless of a person’s politics, “all North Carolinians should be concerned any time lawmakers seek to curb our fundamental constitutional right to protect and criticize our government.” The American Civil Liberties Union official said the bill would have a chilling effect on people’s First Amendment rights.
The ACLU could not be reached for comment Monday about the federal proposal.
The organization’s X account gives tips for protesting, which includes that people do not need a permit to march on streets or sidewalks, as long as they aren’t blocking traffic or buildings.