Challenges to the right to protest have come in many forms over the last few years. And standing up for your right to protest can be increasingly challenging when demonstrations are met with unjust punishments. Indiana elected officials are looking to add to the already prevalent fear of police intimidation by tacking on additional monetary punishment based on association.

Senate Bill 471 is part of a nationwide push by special interest groups working to suppress free speech. Following the recent uptick in activism in the form of protests and rallies against Trump-Pence administration policies, it is clear that this bill aims to undercut dissenting voices.

High profile and effective campaigns such as the Black Lives Matter movement and the Standing Rock protest against oil and gas pipelines, have increasingly come under fire from powerful interests looking to squash legitimate challenges to corporate actions and policies. Indiana’s bill is one of many across the country that demonize protesters and portray social activists as threatening.

Existing Indiana laws already prohibit trespassing and property damage. But proponents of SB 471 claim the bill is meant to protect “critical infrastructure” from such damages. With laws already on the books to do just that, what are the actual implications of SB 471?

Proponents across the nation know that the fear of unjust punishments can chill expressive activity and result in self-censorship. Under SB 471, if one protester is arrested for trespassing or damages, all other organizations and groups involved in the protest may be at risk of heavy fines, as high as $100,000. It is clear that the true purpose of this bill is to weaken First Amendment rights by threatening to entrap those who seek to speak truth to power.

In addition, this bill holds an individual “liable upon arrest” for any damage related to trespassing, even if someone else caused the damage. This violates the Fourteenth Amendment, under which punishment can only occur after wrongdoing is established.

At best, this bill is entirely unnecessary. At worst, it is meant to chill speech. A person cannot lawfully be prosecuted for using truthful information to sway public opinion. Corporations are already abusing existing laws to silence dissent and shut the public out of decision-making. Now, lawmakers are trying to give corporate interests even more tools to punish people for speaking up for their families and communities.

That is an attack on the constitution — one we will continue to resist. Take action now!

Since this blog was posted, SB 279 was repackaged as HB 1114, but would still have the same devistating effects.

Young people should remain in the juvenile justice system, regardless of their crimes. Senate Bill 279 would automatically waive juvenile court jurisdiction over children 12 years and older who have been accused of attempted murder or murder, sending children to the adult court and prison systems.

Regardless of their actions, these children are still developing and should be given opportunities for treatment, rehabilitation and positive reinforcement. When youth under 18 are incarcerated in adult jails and prisons, these children are at greater risk of suicide and physical and sexual assault.

Even more troubling is the fact that Senate Bill 279 adds “attempted murder” to the automatic waiver, giving prosecutors immense discretion to charge a 12-year old in a way that will land that child in adult court and prison. Given the deep racial inequalities in every level of our criminal justice system, this type of discretion could be wielded against marginalized populations, specifically children of color in the juvenile justice system.

The over-representation of children of color in youth jails and prisons remains a persistent and troubling dynamic in almost all 50 states. According to The Sentencing Project, black youth in Indiana were placed in juvenile facilities at a rate approximately 4x that of white youth in 2015. This legislation would open up yet another subjective power for prosecutors that would likely lead to an increase in the already glaring racial disparities in our systems.

Indiana elected officials are seizing on quick-fix legislation that does little to increase our safety or improve the future for our children. Comprehensive studies done on crime prevention programs for youth conclude that crime prevention costs less than imprisonment. According to studies, early intervention programs that try to steer young people from wrongdoing can prevent as much as 250 crimes per $1 million spent. In contrast, investing the same amount in prisons would prevent only 60 crimes a year. Senate Bill 279 is yet another bill that would lead to spending more on corrections and less on prevention efforts such as increased mental health and counseling services in schools.

Indiana’s criminal justice system should not treat a 12-year old as an adult. It is my hope that elected officials will take a deeper look at policy reform that would help to prevent juvenile acts of violence, rather than passing knee-jerk legislation that deepens already severe disparities within the criminal justice system.

This article was originally featured in the Opinion section of the IndyStar.