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South Dakota Governor Caves on Attempted Efforts to Silence Pipeline Protesters
South Dakota’s governor and attorney general today backed down from their unconstitutional attempts to silence pipeline protestors. In response to a lawsuit we filed alongside the ACLU of South Dakota and the Robins Kaplan law firm, the state has agreed to never enforce the unconstitutional provisions of several state laws that threatened activists who encourage or organize protests, particularly protests of the Keystone XL pipeline, with fines and criminal penalties of up to 25 years in prison.
The settlement agreement reached today and now headed to the court for approval is an important victory for the right to protest. It comes soon after a federal court temporarily blocked enforcement of the pieces of the laws that infringed on First Amendment protected speech, and makes the court’s temporary block a permanent one.
The laws include the “Riot Boosting” Act, which gave the state the authority to sue individuals and organizations for “riot boosting,” a novel and confusing term. The court warned against the laws’ broad reach, noting that the laws could have prohibited:
- Sending a supporting email or a letter to the editor in support of a protest
- Giving a cup of coffee or thumbs up or $10 to protesters
- Holding up a sign in protest on a street corner
- Asking someone to protest
Under the First Amendment, that is impermissible.
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