Full Report
The right-wing think tank is actively pushing “civil terrorism”—increasing penalties for minor crimes committed while people engage in constitutionally protected free speech.
Analysis Summary
# Industry News: Manhattan Institute Pushes "Civil Terrorism" Legislation
## Summary
The Manhattan Institute, a prominent conservative think tank, is spearheading a legislative campaign to reclassify nonviolent protest-related offenses as "civil terrorism." This initiative aims to elevate minor crimes like trespassing or blocking roadways to felonies, potentially carrying significant prison sentences and increasing state surveillance capabilities.
## Key Details
- **Date:** June 2, 2026 (Reported)
- **Companies Involved:** Manhattan Institute (Policy Architect); State Legislatures of Utah and Arizona.
- **Category:** Regulatory & Legislative Impact (Policy Advocacy)
## The Story
Building on its previous successful campaigns against Diversity, Equity, and Inclusion (DEI) programs, the Manhattan Institute is now focusing on the criminalization of social movements. Through the work of legal policy fellow Tal Fortgang, the institute has coined the term "civil terrorism" to describe mass nonviolent civil disobedience.
The strategy involves authoring model legislation for state-level adoption. In Utah, HB 331 has already been signed into law, creating harsher penalties for "aggravated disorderly conduct" and banning the use of masks by protesters. In Arizona, similar model legislation has cleared the Lower Chamber and is awaiting a Senate vote. The institute argues that these measures are necessary to prevent activists from "intimidating" the population to force policy changes, specifically targeting anti-war and Black Lives Matter organizations.
## Business Impact
### For the Companies Involved
- **Manhattan Institute:** Strengthening its role as a primary architect of right-wing domestic policy; increasing influence within state legislatures.
### For Competitors
- **Civil Liberties Organizations:** Non-profits and legal defense funds (e.g., ACLU) will likely face increased operational costs and a higher volume of litigation as they challenge the constitutionality of these "civil terrorism" statutes.
### For Customers (End Users/Citizens)
- **Activists and Employees:** Individuals participating in corporate-sponsored social justice initiatives or personal activism face heightened legal risks, including felony records and long-term imprisonment for activities previously categorized as misdemeanors.
### For the Market
- **Social Responsibility (ESG) Environment:** This legislation creates a chilling effect on corporate social activism and ESG commitments. Companies may pull back from public stances on sensitive issues to avoid potential legal entanglements involving their employees or brand association with "civil terrorism."
## Technical Implications
- **Surveillance and Identity:** The ban on masks in public protests increases the efficacy of facial recognition technology (FRT) used by law enforcement.
- **Data Privacy:** As crimes are elevated to "terrorism" status, legal thresholds for digital data seizures and communications monitoring may be lowered, impacting how tech companies must respond to state-level warrants.
## Strategic Analysis
- **Market Positioning:** The Manhattan Institute is positioning itself as the leading voice for "law and order" policy, successfully transitioning from social policy (DEI) to criminal justice reform.
- **Competitive Advantage:** By providing "model legislation," the institute allows state lawmakers to rapidly implement complex legal frameworks with minimal internal research.
- **Challenges:** Potential "overbreadth" legal challenges; these laws may be struck down in higher courts for violating First Amendment rights, creating a volatile legal landscape for businesses to navigate.
## Industry Reactions
- **Analyst Opinions:** Legal analysts highlight a trend of "legislative creep," where terrorism definitions are broadened to include conduct that does not involve violence.
- **Expert Commentary:** Civil rights advocates note the "open contradiction" in laws like Utah’s, which allow law enforcement to remain masked while criminalizing the same behavior for civilians.
## Future Outlook
- **Predictions:** Expect more Republican-led states to introduce "model bills" based on Fortgang’s "civil terrorism" theory.
- **What to Watch For:** Federal-level adoption of this language if the political landscape shifts further toward the Manhattan Institute’s ideology.
## For Security Professionals
Cybersecurity and physical security practitioners should note that the reclassification of protests as "terrorism" may change the legal requirements for sharing incident data with law enforcement. Additionally, security teams at firms involved in controversial sectors (energy, defense, etc.) may see a shift in how they coordinate with local police during activist "disruptions," moving from civil trespass protocols to high-stakes criminal investigations.