Utah News Dispatch
Utah bill cracking down on protests criticized as ‘invasion of our First Amendment rights’
People set up a protest encampment in support of Palestine at the University of Utah in Salt Lake City on Monday, April 29, 2024. (Photo by Spenser Heaps for Utah News Dispatch)
A Utah lawmaker says he wants to crack down on acts of violence at future protests, but critics say his proposal could land masked demonstrators in jail for minor infractions or even for crimes committed by someone else.
Rep. Tyler Clancy said he intends for those committing more serious crimes to get hit with the new misdemeanor charge his bill would create, rather than demonstrators crossing a road at the wrong time.
“Key is, there’s a difference between, you know, throwing a brick through a business, and throwing a brick through business while wearing a mask,” said Clancy, a Republican and former police officer from Provo.
His measure, HB331 would make it a crime for someone to wear a face covering in public to conceal their identity from police if they commit any criminal offense at the same time, or if they’re simply gathering with others they know are trying to carry out a crime. He’s working on the bill with help from the Manhattan Institute, a conservative think tank making a case for similar measures across the country.
Rep. Grant Miller, D-Salt Lake City, told colleagues on the House Judiciary Committee that he’s worried the bill could open up protesters — like those speaking out against Israel’s siege of Gaza — to criminal prosecution for minor infractions like jaywalking. Many demonstrators supporting Palestine in the last two years have worn keffiyeh scarves, sometimes covering their faces.
Rep. Cheryl Acton, R-West Jordan, also a member of the committee, said she believes the move balances public safety and the right to free speech.
“We do have that right,” Acton said of the First Amendment. “We do cherish that right, but we also cherish a lot of other rights.”
The American Civil Liberties Union of Utah says the bill would conflict with the First Amendment.
Ellie Menlove, policy director for the ACLU of Utah, said she foresees “a huge chilling effect for constitutionally protected speech.”
The penalty for masked people could apply to those loosely affiliated with anyone committing a crime, Menlove told Utah News Dispatch. She’s hopeful Clancy, who’s been consulting her organization, will change that as he refines the measure.
In an interview, Clancy said court rulings have rejected demonstrators’ right to wear masks while breaking the law. Still, he plans to make changes.
“I think we all see where we’re trying to go and there’s probably still work to be done,” he said. “I’m committed to getting it right.”
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
When lawmakers took comment from the public on Thursday, just two people chimed in, both in opposition.
Ellen Brady of Murray told lawmakers on the panel via video conference the bill seems to “leap over into an incredible invasion of our First Amendment rights.”
She said federal immigration agents working under President Donald Trump’s administration have engaged in violent acts the bill seeks to deter on the part of civilians, such as smashing windows and shooting American citizens.
“Yet this body would not consider a bill that prevented them from invading a place of worship, a school, a courthouse would not prevent them from wearing masks,” she said.
The Utah bill Brady referenced stalled in a Senate committee last month.
On Thursday, Clancy said his proposal makes clear that demonstrators blocking someone’s vehicle during unpermitted protests fits a criminal charge of unlawful detention, a class B misdemeanor in Utah.
Additionally, the proposal bill creates a new penalty for crimes committed in an effort to help groups that are designated a “foreign terrorist organization” by the U.S. government. Clancy said the goal is to hold offenders accountable for intimidating witnesses or trying to instill fear in certain people or communities.
The House Judiciary Committee voted 7-2 to send the measure to the full House, with Republicans in favor and Democrats voting no. The bill requires approval from the House, Senate and governor to become law.
