S.2115 - Safe and Open Streets Act (119th Congress)
Summary
The Safe and Open Streets Act (S. 2115) aims to amend Title 18 of the United States Code by establishing a criminal penalty for obstructing commerce by blocking public roads. The bill introduces a new subsection to Section 1951, making it unlawful to purposely obstruct, delay, or affect commerce by blocking a public road or highway. Violators could face fines, imprisonment up to 5 years, or both.
Additionally, the bill makes conforming amendments to update section headings and cross-references in other parts of the US Code. This includes changes to Title 5 (government organization and employees) and Title 18 (crimes and criminal procedure) to reflect the new offense.
The bill was introduced in the Senate on June 18, 2025, and referred to the Committee on the Judiciary.
Expected Effects
The primary effect of this bill, if enacted, would be to create a federal crime for blocking public roads with the intent to interfere with commerce. This could lead to increased arrests and prosecutions of individuals or groups engaging in such activities.
It could also deter future road blockades aimed at disrupting commercial activity. The changes to related sections of the US Code would ensure consistency and clarity in the application of the law.
Potential Benefits
- Reduced disruptions to commerce: The bill aims to prevent economic losses caused by road blockades.
- Improved public safety: By deterring road blockades, the bill could reduce the risk of accidents and injuries.
- Clearer legal framework: Establishing a specific federal crime provides law enforcement with a clearer basis for action.
- Protection of interstate commerce: The bill supports the constitutional principle of regulating interstate commerce.
- Deterrent effect: The potential penalties may discourage individuals from engaging in illegal blockade activities.
Potential Disadvantages
- Potential for abuse: The law could be used to suppress legitimate protests or demonstrations.
- First Amendment concerns: The bill may infringe on the rights to free speech and assembly if not carefully applied.
- Over-criminalization: Critics may argue that existing laws are sufficient to address the issue.
- Disproportionate impact: The law could disproportionately affect marginalized communities who often use protests to voice their concerns.
- Increased burden on the justice system: More arrests and prosecutions could strain law enforcement and the courts.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. On one hand, Article I, Section 8 grants Congress the power to regulate interstate commerce, which this bill arguably supports by preventing disruptions to the flow of goods.
However, the First Amendment guarantees the rights to free speech and assembly. The bill's potential to criminalize certain forms of protest raises concerns about infringing on these rights.
The constitutionality of the bill would likely depend on how narrowly it is interpreted and applied, balancing the need to protect commerce with the need to safeguard fundamental freedoms.
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).