Georgia protesters could face severe penalties under new legislation

On March 28, thousands of Georgians participated in peaceful protests across the state. They marched on public sidewalks and in the streets, places the public has long used to speak freely on issues that matter to them. But under legislation now awaiting Gov. Brian Kemp’s signature, marchers who peacefully protest on roadways could be charged […]

On March 28, thousands of Georgians participated in peaceful protests across the state. They marched on public sidewalks and in the streets, places the public has long used to speak freely on issues that matter to them. But under legislation now awaiting Gov. Brian Kemp’s signature, marchers who peacefully protest on roadways could be charged with “high and aggravated” misdemeanors.

Senate Bill 443, if signed into law, could subject Georgians who protest on public roadways to the same punishments as those convicted of crimes such as sexual battery, solicitation of prostitution, or aggravated stalking. SB 443 also would allow additional civil liability for offenders, who could be sued for damages caused by any obstruction. 

SB 443 is not only an overreach, it is unnecessary. Georgia law already makes it a crime to obstruct a street or roadway, classifying the offense as a misdemeanor. Law enforcement is already empowered to intervene and make arrests when people dangerously block streets and roadways.

So, what is this bill — now in front of the governor — really all about? Proponents say the bill will protect Georgians from the dangers and inconveniences caused by road blockages. But looking at the bill through a civil liberties lens, you get a different view: The outsized penalties in SB 443 seem designed to chill free speech at a moment when Georgians are showing their willingness to gather peacefully in public spaces to speak out about their government. Georgians are already protected from road obstructions under existing law, so what purpose does this bill serve other than to impose more severe punishments on protesters?

Protests, by their nature, are inconvenient. They interrupt the status quo to draw attention to issues affecting our society. It’s the kind of inconvenience that the late Georgia civil rights advocate U.S. Rep. John Lewis called “good trouble.” Tolerance of the occasional inconvenience is what former U.S. Supreme Court Justice Anthony Kennedy meant when he wrote, “The First Amendment is often inconvenient. But that is beside the point. Inconvenience does not absolve the government of its obligation to tolerate speech.”

SB 443 also is an affront to the First Amendment because it could allow law enforcement and other government officials to interfere with newsgathering activities.  Here’s a likely scenario: A journalist is livestreaming an arrest and moves into the street to avoid interfering with law enforcement officers conducting the arrest. This journalist could be arrested for obstructing a roadway and face up to a year in jail, fines up to $5,000, and additional civil penalties. This law would discourage journalists from documenting protest and police activity and could be weaponized against those who do. 

Senate Bill 443 is an unnecessary overreach that serves to chill and punish peaceful protest and free speech and could interfere with freedom of the press. Georgians deserve to have their rights protected, not threatened

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