The argument differed from Noem's comments when she introduced the bill. In a March 4 news release announcing the bill package, she said, "This package creates a legal avenue, if necessary, to go after out-of-state money funding riots that go beyond expressing a viewpoint but instead aim to slow down the pipeline build."

At a press conference the same day, Noem said that George Soros is the "most typical national offender" who funds violent out-of-state protesters.

Piersol replied to Wednesday’s arguments by the state, saying, "I don't think I can decide it on that basis because I think that the state's reading is not a correct reading of the statute.

"Frankly, I don't think I should completely ignore the fact that the whole billing of this, including press statements and everything else by leaders of the state government has been, 'We're going to get those outsiders,'" Piersol continued. "And now they're saying by a strange reading of this that it’s only going to be speech that is at the same time of the riot. If that is what this is intended for, that’s not the way I read the statute."