Civil disobedience and anti-rioting bill raises concerns for North Carolina activist groups

A new law will soon go into effect that penalizes rioting and civil disorder. The bipartisan bill was passed after Governor Roy Cooper allowed it to become law without his signature. The measure has raised concerns for activist groups. 

Property damage and violence is already punishable by state law. House Bill 40 increases penalties for rioting or its incitement, especially in the case of property damage, a resulting death, or assaulting emergency personnel. North Carolina House Speaker Tim Moore says the bill will simply enforce penalties for those who commit violence and looting, but won’t prevent or prohibit an individual’s right to protest peacefully. 

Joselle Torres with Democracy North Carolina says she fears the term "riot" is defined too broadly under the North Carolina law. 

"There's no written specifications for how to determine what a riot is," explains Torres. "And it could be as little as three people. With H.B. 40, the law that's in there is vague and subjective. So it will allow for biased enforcement, it will be up to that police officer."

A similar bill was introduced in 2021 and was vetoed by Gov. Cooper. 

In a press release, the governor acknowledged the changes made to the legislation, but said he’s concerned about the law eroding First Amendment rights and impacting communities of color disproportionately.

The measure becomes effective December 2023.