Bills of Congress by U.S. Congress

H.R.es26 - Deeming certain conduct of members of Antifa as domestic terrorism and designating Antifa as a domestic terrorist organization. (119th Congress)

Summary

H.Res.26 seeks to designate Antifa as a domestic terrorist organization and deem certain conduct of its members as domestic terrorism. The resolution cites numerous instances of violence and property damage allegedly perpetrated by Antifa members, arguing that their actions constitute domestic terrorism as defined in 18 U.S. Code § 2331. The resolution calls on the Department of Justice to prosecute these crimes and combat the spread of domestic terrorism committed by Antifa.

Expected Effects

If passed, this resolution would formally label Antifa as a domestic terrorist organization. This could lead to increased scrutiny, surveillance, and prosecution of individuals and groups associated with Antifa. It may also influence public perception and potentially limit the group's activities.

Potential Benefits

  • Could deter violent acts and property damage associated with Antifa.
  • May provide law enforcement with additional tools to investigate and prosecute individuals involved in such activities.
  • Could reassure communities affected by Antifa-related violence.
  • Might reduce the potential for future unrest and violence.
  • Could send a strong message that political violence will not be tolerated.

Potential Disadvantages

  • Could infringe on First Amendment rights to freedom of speech and assembly.
  • May lead to the over-broad targeting of individuals and groups based on their political beliefs.
  • Could be seen as a politically motivated attempt to suppress dissent.
  • Might exacerbate political polarization and distrust in government.
  • Could set a precedent for designating other political groups as terrorist organizations.

Constitutional Alignment

The resolution's constitutionality is questionable, particularly concerning the First Amendment. Designating a group as a terrorist organization based on its political ideology and the actions of some of its members could be seen as infringing on freedom of speech and assembly. The government's power to restrict speech and assembly is limited, and any such restrictions must be narrowly tailored to serve a compelling government interest. The resolution may also raise due process concerns if it leads to the targeting of individuals based on their association with Antifa without sufficient evidence of their involvement in illegal activities. Article I, Section 8 grants Congress the power to define and punish offenses against the law of nations, but this power must be exercised in a manner consistent with the Bill of Rights.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).