Ohio’s top lawyer has advised the state’s public universities that a law written to deter Ku Klux Klan demonstrations could be used to impose felony charges on students who wear face coverings while protesting the war in Gaza. In a letter sent Monday, after weeks of pro-Palestinian campus protests around the country, Republican Attorney General Dave Yost advised the presidents of Ohio’s 14 public, four-year universities — which his office represents — to forewarn students about the 1953 law.
Quick Read
Ohio AG Warns of Felony Charges for Masked Student Protesters Under Anti-KKK Law
- Legal Caution: Ohio Attorney General Dave Yost has warned that students who wear masks during protests could face felony charges under a 1953 law originally intended to deter Ku Klux Klan activities. This law makes it a felony to commit a misdemeanor while wearing disguises such as masks.
- Context of the Warning: The warning comes amid ongoing pro-Palestinian protests at Ohio’s universities, where students have been wearing face coverings. Yost’s advisory targets the state’s 14 public four-year universities, emphasizing the severe consequences of a felony charge on future careers.
- Broader Implications: While the law was enacted to combat masked gatherings by groups like the KKK, its application in the current context raises questions about the balance between public safety and the constitutional right to anonymous protest. This issue is particularly sensitive given the historical context of student protests in Ohio, notably the tragic events at Kent State University in 1970.
- University and Public Response: Ohio State University acknowledged receiving the letter and is currently reviewing its contents. The broader reaction from other universities and civil rights groups like the ACLU has yet to be detailed, but the implications of this advisory are significant for student advocacy and protest dynamics in Ohio.
The Associated Press has the story:
Ohio AG warns student protesters in masks could face charges under anti-KKK law
Newslooks- COLUMBUS, Ohio (AP) —
Ohio’s top lawyer has advised the state’s public universities that a law written to deter Ku Klux Klan demonstrations could be used to impose felony charges on students who wear face coverings while protesting the war in Gaza.
In a letter sent Monday, after weeks of pro-Palestinian campus protests around the country, Republican Attorney General Dave Yost advised the presidents of Ohio’s 14 public, four-year universities — which his office represents — to forewarn students about the 1953 law.
“In our society, there are few more significant career-wreckers than a felony charge,” the letter said. “I write to you today to inform your student bodies of an Ohio law that, in the context of some behavior during the recent pro-Palestinian protests, could have that effect.”
The law is contained in a single sentence: “No person shall unite with two or more others to commit a misdemeanor while wearing white caps, masks, or other disguise.” Violating this “anti-disguise” law is punishable by a fourth-degree felony charge, up to $5,000 in fines and five years on community control, Yost wrote.
Protesters around the U.S. and the world have increasingly taken steps to remain anonymous by wearing a combination of head and face coverings, in a world where facial-recognition software can easily lead to negative repercussions. Not all do so to hide their identities, however. Some wear religious hijabs or medical masks used to prevent exposure to COVID-19, or as a political statement on the virus’ ongoing impacts.
Yost, a fourth-term state official who is considering a run for governor in 2026, wrote that students should protest “within the bounds of the law,” not commit crimes, not use the First Amendment as “a sword against fellow students,” and “own their advocacy and avoid wearing masks.”
Among Ohio’s 34 public universities are Kent State, whose name is synonymous with clashes between Vietnam War protesters and National Guard members that left four dead in 1970, and Ohio State — a site of several protests in recent weeks where dozens have been arrested, most for criminal trespass.
Ohio State spokesperson Ben Johnson said the university had received Yost’s letter and was reviewing it. In a March 6 letter, Yost had told President Ted Carter that Ohio law prevents the university from divesting its interests in Israeli assets, one of the calls of protesters.
Kent State and several other universities contacted by The Associated Press had no immediate comment. Nor did the Inter-University Council, which represents universities’ interests, or the American Civil Liberties Union.
Bethany McCorkle, a spokesperson for Yost’s office, said the letter regarding the “disguise law” was not a response to any specific request for legal advice by the universities.
“The letter was proactive guidance to universities that he is counsel for to make sure no one becomes an unintentional felon,” she said in a text message.
