REMOVING THE BARRIER: USING FEDERAL LAWS TO DETER CRIMINALITY IN PROTESTS

Abstract

Civil unrest and protests are increasing in the United States. When criminal activities arise from these incidents, they lead to significant societal and economic costs. The costs are increasingly exacerbated by the presence of "traveling protestors"—individuals from outside the area, often from different states—who exploit protests to engage in criminal behavior. This thesis analyzes several national incidents to identify the impact and cascading effects on the economy and society. The thesis then examines federal statutes to determine effectiveness in providing criminal charges and punishments for traveling protestors, distinguished from legitimate protestors, whose civil liberties require protection.The thesis explores whether the federal government could apply the Hobbs Act, Travel Act, and the Racketeer Influenced and Corrupt Organizations (RICO) Act to address criminal behavior emerging from protests. The findings suggest that with the interstate nature of traveling protestors, these federal laws are applicable to criminal activities stemming from protests. Thus, the federal government can address a national issue—widespread criminality arising from protest—occurring within local events, at otherwise legitimate protests. The thesis concludes by balancing the protection of civil liberties with legal measures aimed at deterring and preventing future significant societal and economic losses resulting from protest-related crimes while preserving spaces for civil discourse.