Firewall for Freedom: Protecting Rhode Island

Free speech and expression are critical rights, especially in a time when we expect to be calling out injustices in the years ahead. While Rhode Islanders already have some protections from retaliatory government practices, we face an incoming presidential administration that will likely enable censorship and has suggested they will activate the U.S. military against its own citizens. We want to ensure our state has as many defenses as possible in place to protect our First Amendment rights — the freedom of speech and expression, of the press, to assembly, to choose whether and how you practice religion, and to petition the government.

ADDRESSING THREATS

• National Guard Restrictions We will be pressing state officials to take any official actions they can to prevent the deputization of the state National Guard to quell First Amendment-protected protests.
• Freedom to Read Bill This legislative session, we’ll be calling on legislators to strengthen and pass legislation to protect libraries and librarians from censorship. The Freedom to Read Bill would explicitly make it state policy to support and protect libraries and librarians from censorship attempts.
• Affirmative Defense to Crime of Obscenity We will once again be pushing for passage of a bill that would limit the reach of our state’s obscenity statutes to exclude works that have educational value.

EXISTING PROTECTIONS

• Rhode Island already has strong protections against SLAPP suits (“Strategic Litigation Against Public Participation”) which are used to chill freedom of speech. The Rhode Island law gives “conditional immunity” to the exercise of the right of petition or free speech so, for example, efforts to sue you for defamation for comments you make against government officials or in public forums can be quickly dismissed.

• Know Your Rights You have First Amendment rights to express yourself, to petition the government, and to the right to assembly. If you go to a protest, learn about your rights before you go and share with others!

Know your protest rights

We're not alone in this fight: We’ve collaborated with the Rhode Island Library Association (RILA) and Rhode Island Authors Against Book Bans, who are working to protect librarians and the freedom to read. Additionally, we’re a part of ACCESS/RI, a freedom of information coalition dedicated to improving citizen access to the records and processes of government in Rhode Island.

As seen by the U.S. Supreme Court’s overturning of Roe v. Wade, and the continuous attacks against transgender peoples’ rights across the country, the freedom to be ourselves and make our own heath care decisions is at risk. Here in Rhode Island, we already have a set of state laws protecting fundamental LGBTQ+ rights, reproductive healthcare, and gender affirming healthcare. We are looking to shore up privacy laws to protect from disclosure reproductive health data that could be at risk.

RESPONSE TO EXECUTIVE ORDERS:

• The President’s Executive Order about gender does not, as far as we know, currently affect Rhode Island’s Medicaid rules that cover gender affirming care. Additionally, our state laws still protect LGTBQ+ people from discrimination on the basis of gender identity and expression.
• Rhode Island still allows you to get an “X” gender marker on your personal identifying documents. However, there has been uncertainty and confusion for those who are renewing passports with the “X” gender marker — according to our national office, anyone who now submits an application for a change runs the risk of losing access to their passport and documents while their application is being processed. We will update this page when there is any additional information available.

ADDRESSING THREATS:

• Data Privacy Legislation We will be working for the passage of legislation that would provide privacy protections over the release of reproductive health data to third parties.

EXISTING PROTECTIONS

• Last year, Rhode Island legislators passed the Healthcare Provider Shield Act, which lowers the risk that Rhode Island medical providers will be penalized if they treat a patient coming from a state that has banned access to established, standard-of-care reproductive and transgender health care.

• The right to abortion has been codified in Rhode Island law since 2019, when the Reproductive Privacy Act was passed, and Medicaid funding for the procedure was enshrined in state law in 2023.

• Protections for LGBTQ+ folks have been a part of Rhode Island law since 1995, when a law was passed to prohibit discrimination on the basis of sexual orientation. That law was strengthened to include protections regardless of gender identity and expression in 2001.

• Marriage equality has been codified in Rhode Island law since 2013.
• Rhode Island Medicaid rules protect and cover trans and non-binary individuals for the majority of the care they need.

Whether you’re part of the LGBTQ+ community or an ally, take a few minutes to read our Know Your Rights materials about LGBTQ+ rights in the workplace, trans rights, and LGBTQ+ students' rights so you can be prepared to identify injustices.

Some of the most consistent rhetoric expressed by the incoming presidential administration is threatening the rights and liberties of immigrants. While Rhode Island has some important protections in place and opportunities available for undocumented immigrants, we will continue to help protect our immigrant neighbors across the state.

RESPONSE TO EXECUTIVE ORDERS:

• Letter to RI Municipalities In response to the various Orders signed by Trump that expand and expedite federal immigration agencies' work to deport immigrants, we sent a letter to all city and town councils, mayors, and police chiefs urging them to adopt measures that protect their communities from federal immigration tactics. The letter points out that public safety suffers when residents — both immigrants and U.S. citizens with immigrant friends and family — are fearful of going to police to report crimes or act as witnesses. Additionally, municipalities can face legal liability for working with immigration when not backed by judicial authority or mandated by federal law. Central Falls, Providence, and South Kingstown have already adopted some relevant measures, when we urged similar action in 2017.

Read the full letter here

• It’s Imperative to Know Your Rights Everyone in the United States has constitutional rights — regardless of your immigration status. Learning your rights, learning what types of warrants police and ICE agents need to legally enter your home or your workplace, and practicing what you can say if you encounter immigration officers are more important than ever.

Read our Know Your Rights materials

As actions are taken by the federal government, the National ACLU and ACLU Affiliates will continue to take legal action against unconstitutional conduct and unlawful Executive Orders.

ADDRESSING THREATS

• 364 Day Misdemeanor Bill We’re working to get a bill enacted that would refine the definitions of felony and misdemeanor to protect immigrants – including lawful permanent residents – from deportation for minor offenses.

EXISTING PROTECTIONS

• A 2022 law called Driver’s Licenses for All makes it possible for undocumented individuals to obtain a driver’s license and drive legally.
• Rhode Island allows undocumented immigrant students who have lived in Rhode Island the right to qualify for in-state tuition at state schools. The state’s Rite Track program also ensures that all lower-income children, regardless of immigration status, qualify for health insurance.

• As a result of ACLU litigation, limits have been imposed on the ability of immigration officials to order state and municipal officials to turn individuals over to them without a warrant.

Be informed: Learn about what to do if you’re stopped by police, immigration, or the FBI and learn more generally about immigrants’ rights here!

Help fund our work to protect civil liberties:

• Donate
  to the ACLU Foundation of RI to support our work in the courts and the community. A donation to the ACLU Foundation IS tax-deductible.
• Become an ACLU of RI member
  to support our lobbying work. A membership to the ACLU is NOT tax-deductible.

Learn more about the difference between the ACLU Foundation and the Union here.

Volunteer your time:

• Fill out a form and send it to us to sign up to be a volunteer to help us with community outreach and other work or to share a particular expertise you have.

• Monitor what’s happening in your community and take action, like tuning into your city or town council meetings and calling your legislators about issues and bills that matter to you.
  Sign up for our email list at the link below to learn more about what's happening for civil liberties in our state!

Stay informed about what’s happening in our state:

• Fill out this form to join our email list to get updates about upcoming events and the upcoming legislative session! (You can also edit your communication preferences here.)
• Follow us on Facebook, Instagram, Bluesky, Threads, or Twitter (X).
• Attend upcoming events, which will be posted on our events page.

Find time to rest, and sustainably resist:

Protecting civil liberties has always been a marathon, not a sprint.

In the face of a presidential administration that is intentionally trying to overwhelm advocates in these early days of the administration, we encourage you to find what level of engagement is sustainable for you. Maybe that’s attending your local city/town council meetings, tracking one or two bills through the legislative session and submitting testimony, or regularly donating money to help us shoulder the work.

As these various fights for our rights continue, take time to care for your mental, physical, emotional wellbeing, in whatever ways that work for you. Find time to check in and gather with your community. Take a break from the grueling news cycle or be intentional about what sources you tune into and how frequently you’re receiving updates. Resting when you need to ensures you can step back up to help us again, instead of getting burnt out and giving up. We need all hands on deck for the years ahead — not just the first few weeks.