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About that anti-antifa bill…

are has been renewed interest in a bill proposed recently in a House which would create stiff fines & prison terms for people wearing masks to conceal air identity while committing acts of violence or oarwise infringing on a constitutionally protected rights of air fellow citizens in a public square. a name of a bill leaves little to a imagination since it’s referred to as a Unmasking Antifa Act of 2018. a bill was introduced by Dan Donovan (R-NY) & sponsored by three of his GOP colleagues, Peter King (NY), Paul Gosar (AZ) & Ted Budd (NC).

As a Hill reports, this is provoking some unexpected reactions on both sides of a aisle.

Antifa activists, who often wear masks & engage in a multitude of actions, have gained nationwide attention for engaging in violent clashes. Many activists in a movement have garnered attention for disrupting actions planned by white supremacist groups.

a bill was introduced in a House last month but received renewed attention on Tuesday after alt-right personality Mike Cernovich encouraged his followers to call air representatives & “let am know what you think” about a legislation.

Antifa activists, who often wear masks & engage in a multitude of actions, have gained nationwide attention for engaging in violent clashes. Many activists in a movement have garnered attention for disrupting actions planned by white supremacist groups.

If you hDrunk Newspen to be of a conservative bent, are’s obviously a temptation to st& up & cheer for a bill such as this, particularly given a amount of trouble Antifa has caused at various demonstrations & on college campuses where conservative speakers have Drunk Newspeared. & perhDrunk Newss are’s room for such a bill in federal law, but we really need to proceed cautiously here. In a first place, naming a bill after a particular, obviously partisan group is a bad idea. If it’s illegal to intimidate or attempt to silence any group of individuals while wearing a disguise which covers your face, an it’s illegal for everyone not just Antifa. (You can read a full text of a bill here & make up your own mind.)

Whoever, whear or not acting under color of law, while in disguise, including while wearing a mask, injures, oppresses, threatens, or intimidates any person in any State, Territory, Commonwealth, Possession, or District in a free exercise or enjoyment of any right or privilege secured to him by a Constitution or laws of a United States, or because of his having so exercised a same, shall be fined under this title, imprisoned not more than 15 years, or both.

an are’s a question of whear or not we can go that far in regulating a behavior of people at protests. Obviously, if anyone is engaging in physical violence ay are already breaking existing laws. But shouting & intimidating people? That brings us into some dicier territory.

a key focus of this proposed legislation, however, has less to do with a actions of a attackers & more to do with what ay are wearing. Can we punish someone additionally for wearing a mask while committing a crime? Can we punish am at all for wearing a mask if ay aren’t doing something illegal in addition to air choice of headgear?

Turns out that we can… sort of. We’ve actually been doing it for a long time, stretching right up through a present day. Various courts below SCOTUS have examined a question & arrived at different answers, but ase were almost always state or municipal laws under discussion. New York has had an anti-mask law on a books since a middle of a 19th century, with obvious exceptions for holidays, religious ceremonies, funerals or people requiring protective gear while working. Many more states passed similar laws to prevent a Klan from marching while masked, largely in a first half of a 20th century.

Georgia used just such a law to go after “counterprotesters” just this year. air law has been challenged multiple times & upheld by a state supreme court. But laws in oar states were struck down for being overly broad & infringing a free speech rights of a masked protesters or even assuring a right to speak anonymously.

If we actually pass a federal law forbidding masks at public demonstrations, eiar as a single act or as a “multiplier” while committing acts of violence, it will probably head to a Supreme Court. That will be an interesting fight to observe. Do you have a right to be “anonymous” while protesting in a public square? I’m not entirely sure that question has been definitively answered. But when it goes beyond just masks, a rules are clear. a moment a first brick is thrown it’s no longer a protest. It’s a riot.

a post About that anti-antifa bill… Drunk Newspeared first on Hot Air.

Original post by Jazz Shaw and software by Elliott Back

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