Proposed Alabama law limiting protests near homes passes despite First Amendment concerns: ‘We might go too far’

Alabama state Sen. Arthur Orr’s, R-Decatur, bill seeking to limit where and when protests could be organized passed a Senate Committee on Wednesday.

The Senate Committee on County and Municipal Government voted to pass the legislation despite concerns from Democratic lawmakers.

Orr has attempted to pass similar legislation for several years but has been unsuccessful so far.

The bill, SB247, states that it would “prohibit a person from picketing or protesting at or near the residence of any individual with the intent to harass, intimidate, or disturb during the period starting 30 minutes after sunset and ending 30 minutes before sunrise.”

This prohibition would also apply if an individual used artificial noise amplification, blocked a public road, or blocked the entrance and exit of a residential area or place of employment.

Orr defended the bill saying it would meet constitutional standards and that individuals should find public places to protest outside of neighborhoods.

“We got parks, we got courthouse squares, we got all sorts of public places, but also the neighborhoods,” Orr said. “When you go into neighborhoods, and the disturbances you’re creating there, there’s plenty of places to make your sentiments known.”

But the bill does not specify if individuals are prohibited from protesting at public or private areas such as the Governor’s mansion.

Sen. Merika Coleman, D-Montgomery, said that as a mother she would not want her children subjected to the ire of a protest since they did not sign up to be public officials like her.

However, Coleman opposed the legislation citing Alabama’s civil rights protest history and said she felt Orr’s bill was a step “backwards” in terms of First Amendment protections.

“I’m just afraid that we might go too far when it’s left up to interpretation about who actually determines what’s intimidation, just the fact that I’m there for some people or a crowd is there for some people that might be deemed intimidating or harassing,” Coleman said.

“But it’s a peaceful protest. So that’s just my fear on it Senator.”

The bill states that it will not, “limit a person’s freedom of speech or freedom to assemble in any public park or other similar traditional public forum.”

Violations of the potential law could lead to individuals being charged with Class C or Class B misdemeanors for repeat violations.

The bill also provides that before arresting individuals police officers, “shall instruct the person who is picketing or protesting to immediately and peaceably disperse.”

The legislation will now move to the Senate Floor for potential passage.