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Senate approves bill restricting targeted residential picketing, senators debate First Amendment balance

Utah State Senate · March 4, 2021
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Summary

HB 291 creates a narrowly drawn definition of targeted residential picketing, sets a 100-foot buffer from property lines and restricts standing on a targeted residence's sidewalk; sponsors frame it as protecting families while permitting public protest in common areas.

The Senate passed first substitute House Bill 291, which defines targeted residential picketing and establishes distance and sidewalk restrictions intended to protect private residences and families while preserving traditional public protest spaces.

Sponsor Senator Vickers described the bill as a narrowly tailored measure patterned after U.S. Supreme Court guidance, saying it "defines that a targeted residential picketing is protesting at or near a person's home" and clarifying that the statute exempts parades and public marches. The measure requires protesters to stay off a targeted residence's sidewalk and at least 100 feet from the property line; it preserves exemptions for parades, marches and public common areas.

Debate focused on scope: Senator Weiler asked whether the Governor's Mansion would be covered and warned about drawing the lines too widely; Senator Escamilla and others recounted incidents — including a militia presence in front of a mayor's home — as reasons for protections. Supporters said the bill protects families and neighborhood integrity while allowing dissent in appropriate public areas.

After floor discussion and clarifications, the first substitute HB 291 passed with a recorded vote reported as 26–1 with two absent and will be returned to the House.