Manhattan Institute Pushes ‘Civil Terrorism’ Laws to Criminalise Protests
Legislation driven by legal policy fellow Tal Fortgang targets nonviolent civil disobedience, drawing sharp criticism from civil liberties groups over First Amendment implications.
The Manhattan Institute, a prominent right-wing think tank, is spearheading a coordinated campaign to enact state-level legislation that reclassifies minor protest-related offences as felonies under the label of “civil terrorism.” The initiative, primarily driven by legal policy fellow Tal Fortgang, seeks to criminalise acts such as vandalism, trespassing, and blocking roadways during demonstrations. This effort aligns with a broader strategy by the institute, which has previously influenced zero-tolerance policing policies and campaigns against diversity, equality, and inclusion programs.
Fortgang, a recent New York University law graduate, articulated the “civil terrorism” theory in a February 2025 Wall Street Journal op-ed. He argues that the mass commission of minor crimes to intimidate or coerce a population constitutes a form of terrorism, distinguishing it from violent extremism by noting that activists do not use weapons. Fortgang has stated that he focuses his writings on anti-war, pro-Palestinian, and Black Lives Matter activists, claiming they constitute the overwhelming majority of groups engaging in this behaviour.
The campaign has already yielded legislative results in Utah, where Governor Spencer Cox signed HB 331 into law on March 24. The legislation increases penalties for aggravated disorderly conduct and bans civilians from wearing masks at protests. The Salt Lake Tribune criticised the mask ban for contradicting allowances for local police and federal immigration agents to wear masks. The bill passed with scant resistance, with only two members voting against it during its trajectory.
Similar model legislation is pending in Arizona, where the bill has cleared the state House and awaits a vote in the Senate. Arizona Democrats and civil liberties groups, including the American Civil Liberties Union, argue the legislation infringes on First Amendment rights and targets left-wing movements. State Senator Catherine Miranda described the bill as an attack on the rights to assemble, free speech, and petition the government, intended to have a chilling effect on dissent.
The push for these laws coincides with heightened tensions over immigration enforcement and anti-ICE demonstrations. Critics point to a historical pattern in Arizona of using political processes to target communities of colour, citing past instances where authorities used questionable laws to suppress progressive movements. In 2020, prosecutors in Phoenix charged 15 protesters with participation in a criminal street gang, charges that were later dismissed and led to the suspension of the lead prosecutor.
