Manhattan Institute Pushes to Reclassify Protest Tactics as 'Civil Terrorism'

The Manhattan Institute, a prominent conservative think tank, is spearheading a legislative campaign to redefine nonviolent civil disobedience as "civil terrorism." The initiative seeks to elevate minor protest-related offenses—such as blocking roadways, trespassing, or vandalism—from misdemeanors to felonies. If enacted, these crimes would carry mandatory 18-month prison sentences, marking a significant escalation in the legal consequences for activists involved in social movements.

Legal policy fellow Tal Fortgang, the primary architect of this theory, argues that mass participation in minor illegal acts is a deliberate strategy to coerce the public and government into policy shifts. By framing these disruptions as a form of "civil terrorism," the Institute aims to provide a legal and rhetorical framework for state legislatures to impose harsher penalties on groups frequently associated with anti-war, pro-Palestinian, and racial justice causes. The Institute has already begun drafting model legislation to facilitate this shift at the state level.

This strategy is already yielding results. Utah recently enacted HB 331, a law that increases penalties for disorderly conduct during protests and introduces restrictions on mask-wearing, despite criticism regarding its potential to infringe on civil liberties. Similar legislation is currently moving through the Arizona statehouse. These efforts reflect a broader, coordinated push to reshape the legal landscape surrounding public dissent.

The implications of this movement are profound for the future of political expression in the United States. By recasting civil disobedience as a security threat rather than a protected form of speech or assembly, the Manhattan Institute is attempting to shift the threshold for state intervention. If these policies gain traction across more states, they could fundamentally alter the risk profile for activists, potentially chilling participation in social movements and narrowing the scope of acceptable public protest.