PolicyBrief
H.RES. 26
119th CongressJan 9th 2025
Deeming certain conduct of members of Antifa as domestic terrorism and designating Antifa as a domestic terrorist organization.
IN COMMITTEE

This bill would define certain actions by Antifa members as domestic terrorism, officially designating Antifa as a domestic terrorist organization, and calls for the Justice Department to prosecute Antifa's crimes.

Marjorie Greene
R

Marjorie Greene

Representative

GA-14

LEGISLATION

Antifa Designated Domestic Terrorists in New Bill, Sparking Free Speech Concerns

This new bill officially labels Antifa as a domestic terrorist organization, citing over $2 billion in damages across 20 states, numerous deaths, injuries to 700+ police officers, and specific instances like $2.3 million in riot damage to Federal property in Oregon. The bill pushes the Department of Justice (DOJ) to aggressively prosecute Antifa members and affiliates for domestic terrorism offenses and use all resources to combat its spread.

What Antifa's New Designation Means

The core of this bill is simple: it equates Antifa's unlawful actions during demonstrations with domestic terrorism. But here’s where it gets tricky. "Antifa" isn't a formal organization with a membership list. It’s more of a loose ideology, which means “affiliates” could be interpreted pretty broadly. The bill's direct impact is that it greenlights the DOJ to use all available resources to investigate and prosecute individuals deemed connected to Antifa, potentially under terrorism charges.

Real-World Rollout: From Protests to Prosecutions

Imagine you're at a protest that gets out of hand. Even if you're there peacefully, if others linked to Antifa engage in violence or property damage, you could be swept up in a federal investigation simply by association. The bill doesn't spell out exactly how the DOJ should determine who's "Antifa" and who's not, leaving a lot of room for interpretation. This could impact anyone from construction workers who happen to be at the wrong place at the wrong time to small business owners caught in the crossfire of a chaotic demonstration.

The Bigger Picture: Civil Liberties and Law Enforcement

This bill raises some serious questions about due process and the right to protest. While holding individuals accountable for criminal acts is crucial, the broad-brush approach of labeling an entire movement as 'terrorist' could chill legitimate dissent. For instance, if you're a college student involved in activism, even expressing views that overlap with Antifa's anti-fascist stance could put you on the radar. The bill acknowledges Antifa's ideology is rooted in communism, anarchism, socialism, and violence. The concern here isn't about protecting violence—it's about ensuring that people aren't targeted for their beliefs rather than their actions. It also puts a lot of power in the hands of law enforcement to decide who fits the "Antifa" label, which could lead to resources being diverted from other critical areas.