A U.S. federal judge says a South Dakota sheriff should be removed from a lawsuit challenging new state laws that aim to prevent disruptive demonstrations against the Keystone XL pipeline.
The suit spearheaded by the American Civil Liberties Union contends Pennington County Sheriff Kevin Thom would be enforcing laws that amount to an unconstitutional infringement on free speech.
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U.S. District Judge Lawrence Piersol said in an order filed Wednesday that Thom is not making any choices on state policy.
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The legislation allows officials to pursue criminal or civil penalties against demonstrators who engage in “riot boosting,” defined in part as encouraging violence during a riot.
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It’s meant to head off Keystone XL protests like those mounted against the Dakota Access pipeline in North Dakota.
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Other defendants in the lawsuit are South Dakota Gov. Kristi Noem and Attorney General Jason Ravnsborg.
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