When I tweeted over the weekend in support of an anti-masking ordinance in Oregon, a number of correspondents asked me if the laws were consistent with First Amendment protections for anonymous speech. The answer is generally (though not always) yes, and there’s relatively recent on-point case law in the Second Circuit saying so. While court of appeals cases aren’t nationally dispositive, the panel in Church of the American Knights of the Ku Klux Klan v. Kerik included Sonia Sotomayor, and its reasoning is instructive.Demonstrates a mis-perception about the law. It is non-partisan, or the partisans change. The best idea is for the parties to leave it up to the legislature, and for the courts to enforce that. In this case, I would allow the klan to mask until they violate another law. Being masked while violating law is evidence of conspiracy, leads to cops arriving. The Portland problem is that the mayor supports antificants, he uses them to beat reporters.
Tuesday, July 2, 2019
Sotomayor says unmask the antificants
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