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First Amendment does not protect wearing masks.

Publication: Trial
Publication Date: 01-MAR-04
Format: Online - approximately 547 words
Delivery: Immediate Online Access

Article Excerpt
The state of New York can prevent demonstrators from wearing masks during public protests, the Second Circuit has ruled. The decision overturned a district judge's finding that the state's antimask statute was unconstitutional.

The court held that the law--enacted in 1845 in response to attacks on police by disgruntled tenant farmers wearing disguises--was clearly intended to help police keep the peace, not restrict political protest. (Church of the Am. Knights of the KKK v. Kerik, No. 02-9418, 2004 WL 77929 (2d...

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