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

The "Protecting Our Supreme Court Justices Act of 2025" increases the maximum prison sentence for obstructing justice by picketing or parading near a courthouse with the intent to influence a judge, juror, witness, or court officer from 1 year to 5 years.

Marsha Blackburn
R

Marsha Blackburn

Senator

TN

LEGISLATION

Supreme Court Protest Crackdown: Bill Raises Jail Time from 1 to 5 Years

The "Protecting Our Supreme Court Justices Act of 2025" sounds noble, but here's the deal: it significantly ramps up the penalties for protesting near courthouses. Specifically, it boosts the maximum prison sentence from 1 year to a hefty 5 years for anyone caught "picketing or parading" with the intent to influence a judge, juror, witness, or court officer (SEC. 2).

Raising the Stakes

This bill directly targets protests and demonstrations near courthouses. The core change is that fivefold increase in potential jail time. Before, the maximum sentence was one year; now, protestors could face up to five years behind bars. This isn't a minor tweak, it's a major escalation in the potential consequences of courthouse protests.

Real-World Impact: Who's at Risk?

Imagine a group protesting a controversial Supreme Court decision outside the courthouse. Under this new law, if authorities deem their actions as intended to sway a judge or influence the court, those individuals could face serious prison time. This could apply to anyone from organized activists to concerned citizens voicing their opinions. The bill's language about intent is where things get tricky. How do you prove someone's intent? This ambiguity could create a chilling effect, making people think twice before exercising their right to protest.

The Bigger Picture: Freedom of Speech vs. Court Security

This law brings up a fundamental tension between the First Amendment right to protest and the need to protect the judicial process. While ensuring the safety of judges and court officials is vital, the concern here is that this bill might go too far. The increased penalties could stifle legitimate dissent and public expression. The broad definition of "intent to influence" leaves room for potentially selective or politically motivated enforcement. It also raises the question if existing laws were not enough. What specific incidents prompted the need for such a drastic increase in prison time? The bill doesn't say.

Potential Challenges

One of the biggest challenges with this bill is defining "intent." Without clear guidelines, there's a risk of overreach. It's easy to see how this law could be used to target specific groups or protests based on their message, rather than any actual threat. The law could disproportionately affect those who are already marginalized or those protesting unpopular causes. It's important to remember that the right to protest is a cornerstone of democracy, and any law that potentially restricts that right needs very careful scrutiny.