Model Legislation to Modernize Anti-KKK: Masking Laws for Intimidating Protesters

By Hannah E. Meyers, Ilya Shapiro, Tim Rosenberger

 Just as Ku Klux Klan members used white hoods to conceal their identities and terrorize their targets, modern activists are using keffiyehs, Guy Fawkes masks, balaclavas, and other inherently intimidating face coverings. Indeed, face-masking is pervasive among participants in demonstrations that are growing in frequency and disruptiveness. Most recently, the pro-Hamas “protests” that have proliferated across college campuses and city streets involve activists who cover their faces explicitly to make it impossible to determine who is engaged in violence, intimidation, and property destruction. Just as masks emboldened KKK activity a century ago, they are a central feature in the 360% surge in antisemitic incidents since Hamas’s attack on Israel last year. New York City experienced about 2,000 protests in the half-year following October 7—including incidents involving more than 10,000 participants illegally blocking bridges and major infrastructure. Cities across the country seem to be struggling to maintain order and check the growing number of attacks associated with these events on Jewish-owned businesses and other institutions  There is an obvious and simple answer to protesters’ growing aggressiveness, an answer that proved effective against their forebears in the KKK: denying intimidating and violent protesters the right to conceal their identities via face coverings. Hamas supporters, Antifa, Patriot Front, and others act boldly so long as they can remain anonymous. Stripped of this anonymity and the intimidating power of the keffiyeh and black bandanna, they will be far less likely to engage in criminal behavior

New York: The Manhattan Institute, 2024. 5p.