From Free Speech to Felony: The Covert Attack on Protest Civil Rights

Every election cycle, voters whom Democrats target as their “base” are deluged with a familiar refrain: “This year, we face an existential threat. Focus not on party failures but on the future. If our opponent wins this race, the price will be the "destruction of democracy and all our civil rights!" 2024 is no exception. As the presidential race narrows down to a potential rematch of Biden vs. Trump, such predictions of fascism have amplified more than ever drowning out vital discussion of legislation that largely criminalizes peaceful protest. Assembly Member Jeffrey Dinowitz speaks favorably of the following two bills, which "moderate" Democrats are currently pushing in the blue state of New York, at least in part as a result of the recent upsurge in pro-Palestinian activism.

The Covert Nature of Fascist Legislation

Historically, fascist legislation has never been announced as such. When introduced, it’s regularly couched in benevolent terms and presented as common-sense measures to ensure “law and order” and other pleasant goals. These bills are no exception. Who isn’t for “decorum?"  As for stopping "domestic terrorism," what chaotic criminal would object to that?

But when one reads the text of these proposals, their intention and application in real life become chillingly clear. The Dialogue and Decorum Act renders any disruption or disturbance of a “lawful assembly” to be a Class A misdemeanor. Do you want to interrupt your representative to make a point, no matter how good the cause? If Assembly Bill A8334 were enacted, the price of that no longer “free” speech could cost you up to a year in jail. Assembly Bill A8951A is even more corrosive, categorizing any blocking of a road or transportation venue as a Class D felony, worthy of up to seven years in prison.

The Threat to Civil Rights and Activism

Electoralism has its uses. But civil disobedience, strikes, and protests are the prime mechanisms that drive political change. They work precisely to the extent they inconvenience those in power or disrupt “business as usual.” As Frederick Douglass himself observed, “Power concedes nothing without a demand,” yet demands without leverage are easily silenced and/or blatantly ignored. Used in tandem with bureaucratic obstruction, these two subtly toxic bills hold the potential to shutter almost all avenues of dissent.

Urgent Call to Action

New Yorkers should carefully contemplate how such legislation enables the draconian punishment of activism. Imagine what such bills would have done to some of MLK’s marches. Or the pro-Palestinian, anti-genocide, and George Floyd mobilizations of recent years? As President John F. Kennedy historically observed, “Those who make peaceful revolution impossible will make violent revolution inevitable." In 2024, fascist bills such as A8334 and A8951A seek to make peaceful revolution impossible. To prevent Kennedy’s worse-case scenario from becoming our dystopian nightmare, New Yorkers must speak up and say “NO” right now.