As gun owners, we are aware of the propensity of the political class to pass unnecessary gun laws to combat "gun violence" even though there are already laws on the books that could be used if only they were enforced. Of course, the new laws are not really intended to combat crime, but to further restrict the rights of lawful gun owners.
Well, the same may soon occur to laws regarding protests. Wired reports that "The Manhattan Institute Helped Kill DEI. Now It’s Coming for Protests." The article explains:
“Today’s left-wing agitators deploy random acts of lawlessness designed to inconvenience and disrupt as many civilians as possible, hoping to pressure them to get the government to change course. This tactic is reasonably described as a form of terrorism, though the activists aren’t murderous like al-Qaida or Hamas—they don’t use guns, bombs, or threats of unpredictable bloodshed. Instead, they engage in civil terrorism,” wrote Manhattan Institute legal policy fellow Tal Fortgang, a recent New York University law graduate who lambasted students protesting against Israel’s war on Gaza for “Jew hatred.”
Fortgang, who’s spent his career at right-wing think tanks, appears to be the main proponent of the “civil terrorism” theory, beginning with a February 2025 Wall Street Journal op-ed that argued acts of nonviolent disobedience like blocking a road was something far more sinister. More recently, he authored a piece in City Journal, the Manhattan Institute’s in-house magazine, targeting the Answer anti-war protest network’s “central role in organizing an act of civil terrorism and its advocacy on behalf of Venezuela, Iran, and China [which] are reason enough to believe that its actions may be unlawful under statutes like FARA,” the Foreign Agents Registration Act.
In response to WIRED’s questions, Fortgang claims that he focuses on anti-war, pro-Palestinian, and Black Lives Matter activists in his writings justifying the novel “civil terrorism” theory “because they constitute the overwhelming majority of groups engaged in this behavior.” Asked why states should step up protest-related crimes from misdemeanors to felonies, he wrote: “When hundreds of people gather to commit disorderly conduct together, we are dealing with something completely different. That is what I call civil terrorism: mass commission of minor crimes to intimidate or coerce a population into adopting certain policies.”
Utah has already passed legislation similar to what Fortgang wants to see adopted across the country, while Arizona's legislature is apparently considering it as well.
I have three issues with this:
- First, we don't need new laws to deal with the issues of which Fortgang wants to address because there were already laws that could have been applied if the political class had wanted. For instance, declaring a riot or an unlawful assembly and sending in the police or requesting that their state leadership call in the national guard. Moreover, if the political class was unwilling to use the tools already at their disposal to stop the BLM riots and street takeovers because they agreed with the aims of the protestors, why would you expect the same people to use these new laws.
- Second, these laws will just hand a new tool to our political opponents to potentially use against us. Because some day it may need to be conservatives out on the street protesting. Just look at the recent protests in England over the death of Henry Nowak while in police custody as he bled to death from multiple stab wounds as the police mocked him and bantered with Nowak's murderer. It is that type of protest that these types of laws would be focused on.
- Third, I generally object to the trend of over criminalizing activities. It is why you read of parents being charged with crimes for letting their kids play outside or walk to a local grocery store. It is nanny statism at its worse.