Wearing Masks Against NY Law
posted by:Hilary Young // 07:50 AM // February 22, 2005 // Digital Democracy: law, policy and politics
Many of you have probably been following this case, but I stumbled upon it for the first time last night. Basically, the Ku Klux Klan in New York wanted to hold a rally but was denied a permit on the grounds that NY State law prohibits wearing masks and disguises in public (other than for costume parties). The Klan challenged the statute on First Amendment grounds (masks as symbolic speech, right to anonymity) but failed at the 2nd Circuit and the U.S. Court of Appeals. In December, the US Supreme Court refused to hear the case so the Court of Appeals decision stands. For some discussion of the implications of the decision, see http://www.cnn.com/2004/LAW/12/17/colb.masks/, and for the case itself, see http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAyLTk0MThfb3BuLnBkZg==/02-9418_opn.pdf
