Church of the American Knights of the Ku Klux Klan v. Howard Safir
- 1999/1/1
In 1999, the Ku Klux Klan sued the City of New York for requiring the Klan to remove their masks for a demonstration they planned. The United States Second Circuit Court of Appeals ruled to uphold an 1845 state law that prohibits groups from gathering in public places in masks or disguises, except for parties or entertainment (like Hallowe'en). The controversy began when the city refused to grant the Klan a permit to hold a rally unless the participants agreed not to wear their traditional white facemasks. At first, when the New York Civil Liberties Union sued on behalf of the Klan, a federal district court found that the anti-mask law violated the First Amendment's guarantee of free speech. As hateful as it was, the masks, they said, were a part of their ritual, and clothing and objects are a part of their message and should be protected the same as speech itself. The Klan also said that the masks served as protection from retaliation for their unpopular political and social views. But the Court of Appeals overruled this decision, saying the anti-mask laws applied equally to all groups and did not single out one viewpoint or group. The Appeals Court agreed with the City lawyers that the law was an anti-violence measure.
Courts in Pennsylvania (1998) and Tennessee (1990) decided that the anti-mask laws did violate the Constitution's guarantee of free speech. The final say may well go to the U.S. Supreme Court.
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