By Ashkhen Kazaryan
A new Tennessee law with the unassuming acronym “PEACE” might appear, on the surface, to be a mundane update to the state’s criminal code. But tucked into the legislation’s language is a clear and deliberate threat to the First Amendment freedoms of Tennesseans.
On Friday, Gov. Bill Lee signed Senate Bill 30, the Protecting Everyone Against Crime and Extremism Act (PEACE Act).The law makes it a criminal offense to leave “unsolicited flyers” on public or private property, hang signs from overpasses and bridges, ride in the back of a box truck, refuse to give one’s name or give a false name to law enforcement, and approach within 25 feet of an officer after being ordered to stop or retreat.
While these provisions might sound like routine penalties for littering, limits on approaching police officers and tweaks to law enforcement powers, they raise serious First Amendment concerns.
One of the most troubling aspects of the law is its expansion of the state’s intimidation law to criminalize acts like handing out flyers or trespassing if done with the “intent to intimidate” someone from exercising their rights. This language is dangerously vague, and that’s exactly the problem. “Intent to intimidate” is not clearly defined and can easily be used to target protestors, demonstrators, or anyone expressing dissent in a way that makes someone uncomfortable.
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Ashkhen Kazaryan is a Senior Legal Fellow at The Future of Free Speech, where she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.