First Amendment Rights in Jeopardy as House Lawmakers Advance HB 1124 After Committee Debate

Members of the House Judiciary committee advanced legislation this morning that will thwart the First Amendment rights of South Dakotans. House Bill 1124, a bill that criminalizes speech and expression near a house of worship, was passed by the House Judiciary committee with a 7-4 vote. The ACLU of South Dakota opposes this bill.

The First Amendment right to protest on public property, such as sidewalks, would be violated with House Bill 1124. The legislation would make it a felony to be within 50 feet of a place of worship “with the intent to disrupt worship services” or “for the purpose of political intimidation.”

By criminalizing demonstrations around places of worship, House Bill 1124 makes the mere presence of a protestor a felony based on perceived intent. Peaceful protest, leafleting or prayer on public sidewalks would be chilled – exactly what the First Amendment forbids.

“Threats, harassment and violence at places of worship are already illegal,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “This bill adds a sweeping felony offense that goes far beyond real safety needs and uses an unjustified emergency clause to rush it through without evidence of an imminent threat. Existing laws already address genuine threats and disruptions. This proposal goes much further at the expense of fundamental First Amendment freedoms. Protecting people’s ability to worship safely is important, but it must be done within constitutional bounds.”

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About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.