September 4, 2025

Michigan: Lawmakers Should Reject Bill Criminalizing Protest

Proposed Law Would Chill Action on Climate Change and Other Rights Issues

(San Francisco, September 4, 2025) – Michigan legislators should reject House Bill 4664, which would create sweeping criminal penalties for people who block streets or highways during protests, including those on climate change and other issues, Climate Rights International said today. If enacted, the bill would escalate what is currently a civil infraction, punishable by a fine of up to $100, into a misdemeanor offense carrying penalties of up to 93 days in jail and fines as high as $5,000.

Instead of escalating punishments, the state should ensure that law enforcement respects constitutional and international standards, and that residents can safely and freely exercise their rights to speak out and assemble.  

“This bill is part of a disturbing pattern of attempting to limit the right to peaceful protest in the United States, where peaceful assembly is increasingly met with punishment instead of protection,” said Trevor Stankiewicz, researcher at Climate Rights International. “Lawmakers claim they want safer streets, but what they’re really doing is criminalizing protests about issues of major public concern, including climate change.” 

The sharp increase in punishment would fundamentally change how peaceful protest is treated in Michigan, criminalizing demonstrations that have long been recognized as legitimate forms of political expression. By threatening jail time and severe fines, the bill risks deterring people from exercising their right to protest, effectively silencing voices that rely on public assembly and peaceful civil disobedience to hold governments and corporations accountable. 

House Bill 4664 was first introduced in the Michigan House in June 2025 and quickly advanced out of committee over objections from civil rights advocates. Supporters framed the bill as a way to ensure “public safety,” but critics pointed out that Michigan law already prohibits blocking traffic. The real change is the severity of the penalty: transforming a minor civil infraction into a jailable offense. The bill’s sponsors have aligned their rhetoric with national calls to “crack down” on protesters, echoing a broader partisan push to limit public demonstrations. 

Michigan is not alone. Across the United States, legislators have introduced bills designed to intimidate and punish peaceful protest. In Tennessee, lawmakers proposed making the act of “obstructing” streets or sidewalks a felony, with penalties of up to six or even twelve years in prison depending on the location of the protest. In Pennsylvania, a proposed law would make it a crime to even plan a protest near so-called “critical infrastructure,” such as pipeline sites, with a year of jail time possible even if the demonstration never takes place. In Wisconsin, a bill would redefine “riot” so broadly that peaceful protesters could face felony charges and sweeping civil liability for simply participating in or supporting a large gathering where one individual makes a threat of violence.

Climate change protesters have already been criminally charged under existing vague and overly broad laws and have faced severe penalties. In Washington D.C., Donald Zepeda and Jackson Green, known by his artist’s name “Kroegeor,” were sentenced to two years and 18 months of prison, respectively, for a peaceful protest at the National Archives. 

Joanna Smith and Timothy Martin were charged with conspiracy to commit an offense against the United States—a felony—for their role in a peaceful climate protest at the National Gallery of Art. Smith accepted a plea deal and received two months in prison. Martin was found guilty and now awaits sentencing in October. He faces a possible sentence of up to five years in prison. 

As Climate Rights International documented in its report, On Thin Ice, democratic governments across the world are increasingly responding to peaceful climate protests with disproportionate criminal charges and harsh penalties. 

Peaceful protest has always been a bedrock of democratic change, driving progress from the suffragette movement and civil rights marches to anti-colonial independence struggles and the fight to end apartheid. Public assembly and peaceful civil disobedience are essential options for ordinary people to demand accountability and achieve lasting change. 

These rights are also protected under both U.S. and international law. The First Amendment to the Constitution guarantees freedom of speech and assembly. Under the International Covenant on Civil and Political Rights, which the United States ratified in 1992, restrictions on protest must be narrowly drawn, necessary, and proportionate. Civil disobedience is recognized as a legitimate exercise of these rights, and blanket restrictions or disproportionate penalties are fundamentally at odds with the obligation to protect them. 

“Peaceful protest has always been one of the most effective pathways for change, from the 1963 Walk to Freedom in Detroit led by Dr. Martin Luther King Jr. to protests against lead poisoning in Flint,” Stankiewicz said. “Members of the public must be allowed the basic right to raise awareness and demand action on issues of concern without fear of prosecution, including on the climate crisis—the most existential challenge of our time.” 

Photo by: Alex Radelich/Unsplash

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