PolicyBrief
S. 399
119th CongressFeb 4th 2025
Protecting Our Supreme Court Justices Act of 2025
IN COMMITTEE

This bill increases the maximum prison sentence from one year to five years for picketing or parading near a courthouse or judge’s residence with the intent to obstruct justice or intimidate court officials.

Marsha Blackburn
R

Marsha Blackburn

Senator

TN

LEGISLATION

Supreme Court Security Bill Quintuples Prison Time for Protesting Near Judges’ Homes

The 'Protecting Our Supreme Court Justices Act of 2025' is a short bill with a massive punch. It targets Section 1507 of the federal criminal code, which currently makes it illegal to picket or parade near a courthouse or a judge's private residence if your goal is to influence a case or intimidate a court official. Right now, doing this can land you in jail for up to a year. This bill proposes a major shift in the stakes, raising that maximum prison sentence from one year to five years. By moving the penalty into the five-year range, the legislation reclassifies these actions from a relatively minor federal offense to a serious felony, signaling a zero-tolerance approach to demonstrations that get too close to the judicial front door.

Raising the Stakes on the Sidewalk

For the average person, this change means the legal 'buffer zone' around the judiciary just got a lot more dangerous to navigate. Imagine you are part of a group of neighbors or activists concerned about a high-profile ruling. If you decide to hold a vigil or a protest on a sidewalk near a judge’s home to voice your frustration, you are already operating in a legal gray area. Under this bill, if a prosecutor decides your presence was intended to 'intimidate' or 'interfere' with justice—terms the bill leaves largely open to interpretation—you aren't just looking at a misdemeanor and a fine. You are looking at a potential five-year federal prison sentence. This dramatic jump in jail time (Section 2) transforms a heat-of-the-moment protest into a life-altering legal catastrophe for anyone caught in the crosshairs.

The Fine Line of 'Intimidation'

The real-world challenge here lies in the definitions. The bill relies on existing language about 'intent to influence,' but it doesn't clarify exactly where peaceful free speech ends and criminal intimidation begins. For a small business owner or a tech worker participating in their first protest, the lack of clarity combined with a five-year penalty creates a significant 'chilling effect.' While the goal is to ensure that Supreme Court Justices and federal judges can work without fear of harassment, the broad language means that someone holding a sign on a public street could face the same maximum sentence as some violent offenders. It places a heavy burden on individuals and advocacy groups to stay far away from judicial facilities and residences, effectively moving the conversation away from the people making the decisions.