United States Program

ICNL seeks to create a legal environment that protects and strengthens nonprofits, activists, and philanthropy in the United States. We promote freedoms of association, assembly, and expression by analyzing trends in civic space, tracking state and federal laws affecting protest, and providing nonprofit organizations with information about legal compliance and risk management. The U.S. program also aims to reduce the negative impact on civil society of “foreign agent” legislation and counter-terrorism measures.

Be sure to browse our U.S. Protest Law TrackerCurrent Trends, and Highlights.

Highlights

Social distancing sign at drugstore (Photo: GoToVan/Flickr)
Current Trend: Protecting the Freedom of Assembly and Public Health

The United States is in the midst of addressing the COVID-19 pandemic. Since the pandemic began, there have been numerous protests, albeit at a relatively small scale. However, an adequate set of rules to protect both the freedom of peaceful assembly and public health have yet to be developed. Read our Current Trend analysis here.

Woman wearing a medical mask outside during the coronavirus pandemic. (Photo: EVG Photos/Pexels)
Current Trend: Anti-Mask Laws, COVID-19, and the First Amendment

Face masks have become ubiquitous in US public life. The CDC now recommends Americans wear face masks to reduce transmission of COVID-19 and many localities are mandating wearing them for certain activities. Yet, at least 18 states and Washington DC have laws that could be used to penalize those who wear face coverings. Read our Current Trend analysis here.

An Alaska pipeline (Photo: Jim Black/Pixabay)
Overview: Critical Infrastructure Bills in the US

Across the country, communities are gathering at rallies and marches to express concerns about pipelines’ impact on the environment, landowner rights, and indigenous land. “Critical infrastructure” laws target these kinds of gatherings. This one-page overview explains what these laws do and how they can be used to limit freedom of assembly in the US.

Workers hold US flags at a labor rally in Iowa (photo credit: Phil Roeder/Flickr)
The Foreign Agents Registration Act Is Broken

The Foreign Agents Registration Act has become a central policy tool to respond to foreign interference in U.S. politics. However, stepping up enforcement of FARA before reforming the act is a recipe for disaster. FARA is overbroad and has been used to target U.S. activists and nonprofits. Find out more by reading our article in Foreign Policy entitled The Foreign Agents Registration Act is Broken.

Key Resources

A close up picture of the coronavirus (Photo: CDC/Unsplash)

Coronavirus and Civic Space in the U.S.

The coronavirus is a significant threat to public health; it does not need to be a significant threat to civic freedom.

ICNL's U.S. Protest Law Tracker - landing page button

U.S. Protest Law Tracker

Started in 2017, the tracker compiles bills – proposed, enacted, or rejected – that could restrict the right to peaceful assembly around the United States.

ICNL's work on the U.S. Foreign Agents Registration Act

Foreign Agents Registration Act

The Foreign Agents Registration Act (FARA) has been used to target nonprofits, activists, and others. Learn more about the impact on civil society of its broad and vague provisions.

ICNL's work on issues impacting Freedom of Assembly in the U.S.

Freedom of Assembly

The ability to protest is a cornerstone of U.S. democracy. Browse ICNL’s resources on current threats to the right of assembly in the United States, including legislative briefers, analyses, and reports.

ICNL's list of resources and information on compliance and risk management for U.S. nonprofits.

Compliance & Risk Management

This page provides resources for U.S. nonprofits seeking to comply with federal and state laws as well as learn more about risk management.

ICNL's Global Grantmaking Country Notes: A guide produced for the Council on Foundations for U.S. international grantmakers.

Global Grantmaking Country Notes

In partnership with the Council on Foundations, ICNL maintains reports on thirty-four countries to assist U.S grantmakers when they undertake equivalency determinations for foreign grantees.