In light of months of antisemitic violence and vandalism by pro-terror protesters in New York City, lawmakers are now advocating for a mask ban to hold accountable those participating in pro-Hamas demonstrations and restore order to the city.
Following the Hamas attack that resulted in the deaths of 1,200 Israelis and the kidnapping of 250 others on October 7, anti-Israel protesters, often seen wearing keffiyehs, medical masks, and bandanas, have increasingly made headlines for their overt antisemitism and support for terrorism, shocking many across America.
While these protesters assert that wearing masks is a constitutional right tied to free speech, New York Governor Kathy Hochul and Mayor Eric Adams contend that masks serve as a means to evade accountability for unlawful actions, thus justifying the proposed ban. “Cowards hide their faces when they want to do something disgraceful,” Mayor Adams stated.
In the age of digital surveillance, concealing one’s identity is challenging, and masks can create a façade of anonymity. If these protesters are genuinely proud of their beliefs, why do they choose to hide their faces?
Historical Context of Anti-Mask Laws
Proponents of mask-wearing argue that their right to do so is protected by free speech. However, no explicit right to wear masks is enshrined in the Constitution. Courts have ruled against such rights when public safety is at stake.
Historically, the United States has implemented anti-mask laws to safeguard public order. These laws, aimed at preventing activities by groups like the KKK, remain active in states such as Florida, Alabama, and Georgia. New York again faced mask issues in 1845 when a law was enacted to curb “anti-rent riots” involving farmers who disguised themselves as Indigenous individuals before committing violent acts against law enforcement.
The original mask ban was repealed by the New York legislature in 2020 in response to COVID-19.
Recently, pro-Hamas demonstrations in New York have intensified. Assemblyman Mike Reilly (R-Staten Island) introduced a bill on May 2, 2024, to criminalize deceptive mask-wearing, with specific charges for “aggravated deceptive wearing of a mask.”
Law enforcement in states like Ohio, Texas, and North Carolina has utilized existing anti-mask laws to disperse pro-Hamas protests occurring on university campuses.
Backlash Against the Proposed Ban
The proposal for a mask ban has sparked significant protests. On June 29, 2024, outside Governor Hochul’s office, groups such as Within Our Lifetime (WOL) and NYC Revolutionary Youth rallied against the ban. WOL’s “Rally Toolkit” openly advises protesters to mask up to remain anonymous, while chapters of Students for Justice in Palestine (SJP) also encourage face coverings during demonstrations.
In defiance of the potential ban, NYC Revolutionary Youth published an article in their publication, The New York Partisan, stating that protesters would continue to wear masks regardless of the law. They emphasized, “We will have to hit the imperialists where it hurts and disregard their laws when necessary… these laws come from the same government facilitating a genocide in Palestine. They have no validity, and we should treat them as such.”
Notably, the group has previously expressed support for Hamas and similar organizations, which raises questions about their motives for advocating mask-wearing.
Facing backlash, Jewish Voice for Peace (JVP) contends that the mask usage is primarily for health reasons, specifically to protect individuals from long COVID, while arguing that they are being subjected to a form of modern McCarthyism for criticizing Israel.
However, many in the community recognize that the true purpose of wearing masks at these protests is to evade identification and responsibility for unlawful actions. Anti-mask laws have historically been effective in addressing the intimidation tactics employed by groups like the KKK. Given the current situation in New York, ensuring that protesters reveal their identities is a critical step towards restoring safety and accountability in the city.
