Proposed Bill Quadruples Prison Time for Picketing Near Federal Buildings, Raising First Amendment Concerns

The “Protecting Our Supreme Court Justices Act of 2025” sounds like it’s purely about judicial security, but Section 2 contains a major change to federal criminal penalties that could affect anyone who decides to protest near a federal building. This section dramatically increases the maximum prison sentence for the existing federal crime of obstructing justice by picketing or parading near a courthouse or other official federal facility.

The Penalty Hike: From Misdemeanor to Serious Felony

Currently, if you are convicted under 18 U.S.C. § 1507 for picketing or parading with the intent to obstruct justice near a federal building, the maximum penalty is one year in prison. This bill changes that maximum sentence to five years. That’s a massive jump, moving the offense from a high-end misdemeanor to a serious felony charge. While the title focuses on Supreme Court Justices, the statutory change applies to picketing near any federal courthouse or official building, which includes district courts, appeals courts, and other federal facilities across the country.

What This Means for Everyday Protestors

If you’ve ever joined a rally or held a sign near a federal courthouse—maybe protesting immigration policy, environmental decisions, or even local court rulings—this change is a big deal. The original one-year maximum already served as a significant deterrent, but the new five-year maximum creates a severe chilling effect on the First Amendment right to assemble. For the average person, the risk of facing five years in federal prison for a protest activity, even if it’s peaceful but deemed obstructive by prosecutors, is enough to make them stay home. This isn't just about high-profile cases; it means that if a group of trade workers pickets the local federal building over a contract dispute, or a student group protests a federal policy on campus, the stakes for prosecution are now exponentially higher.

The Real-World Impact on Free Speech

While the goal is clearly to protect federal officials from harassment—a legitimate concern—the mechanism chosen here is a blunt instrument that targets expressive conduct. The law already prohibits threatening or violent acts. This section targets picketing and parading, which are core forms of free speech. The increased penalty grants federal prosecutors significant leverage; even if a protestor’s actions are borderline, the threat of a five-year sentence can compel a guilty plea to a lesser charge, essentially punishing the right to peacefully assemble. This change doesn’t just increase security; it makes the cost of exercising your constitutional rights near a federal facility potentially ruinous, disproportionately affecting those who rely on public demonstration to make their voices heard.