To: hchutch
The law was originally placed on the books decades ago, when hooded goons roamed the streets and attacked people, escaping prosecution by avoiding identification. It wasn't a "speech" issue.
To: NativeNewYorker
Are you sure the law is that old? I thought the law was passed fairly recently in New York.
I think the first anti-hood law was in Georgia and it was specifically passed to unmask the Klan (though I doubt Geogia enforces it against other groups either).
The judge (and the ACLU) is right, any restriction on free speech has to be content neutral. I don't know any sane person who graduated from the 8th grade who endorses the Klan but the government isn't in the business of deciding what is acceptable speech.
If they don't enforce it against everyone who breaks this law, then it's unconstitutional to enforce it against the Klan solely because of their odious message.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson