NY’s ‘Buffer Zone Law’ Doesn’t Create Protest-Free Areas. But it Could Still Chill Speech

Contrary to some recent reporting, the state did not establish uniform, demonstration-free buffer zones around houses of worship. But the new law could still stifle protest.

By: Naila Awan Co-Director of Policy & Simon McCormack Editorial Manager, Communications

After months of backroom dealing, Gov. Hochul touted what she called her “buffer zone legislation” which threatens to chill protest and other forms of free speech near houses of worship. While the bill that finally passed isn’t as bad as the Governor’s initial proposal, it is still needless, dangerous, and an affront to our democracy.

Gov. Hochul and other Albany politicians initially threw their weight behind a bill that would have created unconstitutional 25-foot anti-speech zones barring protest around every reproductive healthcare facility and the nearly 17,000 houses of worship in the state. These proposals would have outlawed protests on tens of thousands of blocks and even whole neighborhoods across our state.

Contrary to some recent reporting, the bill (see part QQ) that just became law does not establish uniform, demonstration-free buffer zones. But it could still chill free speech, while further criminalizing behavior that was already illegal.

How We Got Here

Advocates of no-protest “buffer zone” measures claim they’re designed to protect people’s ability to practice their faith. But reporting on these bills doesn’t always accurately convey the reality of how these proposals came about.

These proposals sprouted up in response to protests outside of secular real estate events to sell land in the occupied West Bank that took place inside New York City synagogues. Antisemitism is very real, and rising. But the reality is, protests have not happened outside of religious services in New York. And state law has long criminalized preventing a person from trying to access a place of worship to exercise their faith.

Despite this reality, Gov. Hochul portrayed herself as a defender of religious freedom when she shoved her anti-protest proposal into the state budget. Then she dragged out budget negotiations – which took place in secret, behind closed doors – for months to make sure her bill became law.

What the Law Says

The law creates a new misdemeanor crime for “interference with access to a place of worship.” People can violate this law by either interfering with someone trying to enter or leave a place of worship or by “engaging in conduct within 50 feet of a place of worship” that puts someone “in reasonable fear for their safety.” Those found guilty of violating the law face up to three months in jail and a fine of up to $500.

The new law also defines “places of worship” very broadly in a way that could include religious schools and universities and even religious community centers where people go to the gym or watch movies. And since the law applies to any event at a place of worship – it could also create safe havens where lawmakers could hold public forums while shielding themselves from public criticism from protesters.

This isn’t hyperbole. The Department of Justice is already distorting and stretching existing statutes to go after New York demonstrators. The DOJ recently launched an investigation into whether immigrants’ rights protesters committed federal crimes while demonstrating at a town hall held by Rep. Tom Suozzi on Long Island.

Sending a Chilling Message

After months of advocacy, the NYCLU and our coalition partners beat back the worst and successfully pushed Albany to reject an all-out anti-speech buffer zone law. But this is no time to celebrate. The law does not expressly target speech and demonstrations, and thus no longer violates the First Amendment on its face. But the intent and potential impact of the bill – to chill First Amendment protected protest – has not changed at all.

At a time when the Trump Administration is seeking to stifle protest and demonize those who speak out, it is unconscionable that New York has taken steps down this same path. To be clear, New Yorkers should not hesitate to speak out. But our fear is that the law could make people censor themselves. That would chill activism at a time when the voices of New Yorkers are more needed than ever, which would be a huge gift to the Trump administration.

The law risks stifling the No Kings and Hands Off marches, anti-war rallies, and ICE protests that millions of New Yorkers have rightly participated in in the last year. It threatens to hinder student walkouts outside of religious schools and even limit picketing around community centers.

At a time when New Yorkers must confront creeping fascism, we need lawmakers to unambiguously defend protected speech and the First Amendment. Instead, they chose to needlessly attack speech and activism.

As this law is enforced, we will keep a close watch to ensure New Yorkers’ rights are upheld and protected.

Learn More

For a detailed breakdown of the state’s new “criminal interference” view our Q&A.

This piece was originally published on nyclu.org.