Masks are not speech

NY Post Editorial:

"A federal appeals court this week upheld New York's 150-year-old law blocking protestors from wearing masks during public rallies.

"This should end a five-year legal battle, though an appeal to the Supreme Court is possible.

"The controversy began in 1999 when the American Knights of the Ku Klux Klan - whatever that is - sought a protest permit.

"The permit was granted - but the Giuliani administration, citing the law, told the Klan that the hoods had to go.


"As Judge Jose A. Cabranes stated, ruling for the majority: 'While the First Amendment protects the rights of citizens to express their viewpoints, however unpopular, it does not guarantee ideal conditions for doing so, since the individual's right to free speech must always be balanced against the state's interest in safety and its right to regulate conduct that it legitimately considers potentially dangerous.'

The Israelis need to enforce such a law against Palestinians who parade through the streets in their masks on behalf of Hamas and other Klan like organizations. Banning of mask would have a significant impact on the ability of Hamas to operate.


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