What the Anti-Protest Bill Means for Tennesseans

By Blair McDonald, Civic Engagement Intern | April 2021

The summer of 2020 marked an important moment in American history. Beginning in March, people found themselves stuck at home with little more to do than consume mass amounts of information from local and national news sources as we all adjusted to life during a pandemic. Nevertheless, one aspect of American life remained painfully constant: racism.

In the span of a few short months, news outlets reported the murder of Black Americans such as Breonna Taylor and George Floyd, who tragically lost their lives because of officers who ironically swore an oath to “protect and serve.” 

In response to these horrific acts of police brutality, cities across the country erupted in protest with rallying cries for action, justice, and change. I remember marching through the streets in Nashville last summer, chanting “I can’t breathe” with thousands of other people. The experience was incredibly empowering. 

Acts of Legislative Revenge

State legislatures across the country have since responded by drafting new bills that infringe on protestors’ First Amendment rights in order to target and suppress this reawakened movement for equality. In fact, a newly proposed bill in Tennessee—aptly referred to as an anti-protest bill— seeks to criminalize protesting while protecting people who unintentionally injure or kill protestors, or in other words, murder.

In February of this year, the Tennessee General Assembly introduced House Bill 0513 aka HB513. House Bills are proposals that members of the House of Representatives and the Senate submit to become law in order to expand existing legislation in the state.

This is what the law says now:

  • It is illegal to obstruct a “highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway” and doing so results in a Class A misdemeanor.

But here’s what the bill will do:

  • The current misdemeanor will become a Class E felony, punishing people with up to six years in prison and a mandatory fine of up to $3,000.
  • It will make throwing an object at an individual to harm the person, or “intentionally intimidating or harassing” someone who is not participating in the “riot” a Class A misdemeanor. If the thrown object causes injury, the act would then be classified as a Class E felony under the bill.

This is absolutely ridiculous. If signed into law, it would strip an individual’s right to vote because of the felony charges.

Simultaneously, the bill gives legal immunity—a particular status where an individual or group cannot be punished for violating a law—to anyone in a vehicle who “unintentionally causes injury or death to another person” while they’re blocking a pathway. Yes, it legalizes murder.

Finally, HB513 includes extremely vague language to punish protestors who cause “emotional distress” or “frighten another person”. Yes, you read that right. I don’t know about you, but something doesn’t sound right when the police will now be arresting protestors who cause “emotional distress” when police officers have a long, violent history of frightening and intimidating Blacks and other people of color, but they get to do it because they wear a badge. The hypocrisy is borderline comical. 

The Silencing of Free Speech 

The reality of this bill is quite clear: HB513 poses a threat to protestors by targeting the people’s right to peacefully assemble. Here’s a throwback to your high school government class…

  • The First Amendment says: “Congress shall make no law respecting an establishment of, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
  • Freedom of Assembly grants the right to peacefully protest and walking, marching, and kneeling in streets or other pathways are often forms of nonviolent protest that most effectively publicize and amplify the messages of the movement. 

If nothing else from this entire post, please remember that HB513 is unconstitutional. The Supreme Court has ruled on a number of different cases—Hague v. CIO (1939); Ward v. Rock Against Racism (1989); and McCullen v. Coakley (2014), for example— that have upheld every American citizens’ right to freely express their political opinions in public spaces such as parks, streets, etc. 

In a country where the powers that be insist on invalidating Black pain, Black struggles, and Black experiences, HB513 is now attempting to take away our avenues for protest, for assembly, and for political grievance. As a result, HB513 encodes racist motivations in strategically vague language to deny one of the last platforms we have to freely and publicly advocate for change.

I first heard about this proposed legislation two weeks ago, and I was shocked to learn that our elected representatives are in the process of passing a bill that would result in so much pain and damage. I was angry at first, and you should be too. Then, sadly, I was unsurprised. I had to remind myself that the Tennessee legislature caters to a certain group of people, and those people don’t look like me or you. Once again, Black and Latinx people are specifically targeted simply for the color of our skin and the power we possess. 

Ultimately, we elect representatives to make policies on our behalf that fulfill the interests of all people, not some people. While politicians are meant to hear us, HB513 seeks to silence and disenfranchise.

Statement on Passage of SB0971/HB1079

FOR IMMEDIATE RELEASE
April 25, 2019

Within 30 days and with minimal debate, the Tennessee General
Assembly today swiftly passed legislation to criminalize the voter
registration process, making our state the first in the nation to
assess civil and criminal penalties on individuals and organizations
who conduct voter registration drives.

On the heels of one of the state’s most successful voter registration
campaigns aimed at registering black and brown citizens, this law
is blatantly racist and mirrors the Jim Crow-era intimidation used to
stifle decades of progress our nation and our state has made to
ensure voting rights for people of color.

As a nonpartisan, nonprofit organization whose core mission strives
to make our democracy more inclusive, it is evident that our state
leaders want to further disenfranchise poor, black, and brown
communities.

This groundbreaking law puts handcuffs on our state’s ability to rise
above our low voter participation rates, but we will find new, creative
ways to continue registering voters.

###

The Equity Alliance to host voter registration drive at Slim & Husky’s

tea-voterreg-slim&husky

FOR IMMEDIATE RELEASE

NASHVILLE, Tenn. – The Equity Alliance, a new 501(c)3 nonprofit organization focused on building informed and engaged minority voters, is hosting a voter registration drive Thursday, July 13 at 5:30 p.m. at the popular pizza spot, Slim & Husky’s Pizza Beeria.

Patrons who register on the spot will be entered to win a free Slim and Husky’s pizza.

Capitalizing on the long wait line, volunteers from The Equity Alliance will also conduct a three-question survey asking about previous voting behavior.

“There is a culture and mentality in the African-American community of believing that one’s vote does not matter,” said Board President Charlane Oliver. “We are interested in learning what factors drive this behavior, and how can The Equity Alliance improve our efforts to change the mentality around voting as a mechanism for social change.”

Tennessee currently ranks 50th in voter turnout and 40th in voter registration, according to nonpartisan think tank Think Tennessee.

In Tennessee, voters can be purged from the voter rolls if he or she fails to respond to notices to update their registration record over a period of two consecutive November elections. This can disproportionately lead to voter suppression in communities of color where there is a history of frequently changing addresses.

Patrons will have the opportunity to update their voter contact information during the voter drive. The event will end at sundown.

For more information, visit www.theequityalliance.org or email info@theequityalliance.org.

###

About The Equity Alliance

The Equity Alliance proactively advocates for African Americans and other communities of color to have a fair and just opportunity at realizing the American dream. Established in January 2017, The Equity Alliance is a Nashville-based 501(c)3 nonprofit organization that seeks to eliminate policy barriers related to criminal justice reform, voting rights and public education; equip citizens with tools and strategies to engage in the civic process; and empower them to take action on issues affecting their daily lives in an effort to bring about equitable, systemic change in our communities. Learn more at www.theequityalliance.org or follow on Facebook, Twitter, and Instagram.