Some local government somewhere passed an ordinance outlawing clown costumes. There's a term in First Amendment law that I think inevitably means such a ban cannot stick. The term I am referring to is "content neutral." Here's my off-the-cuff, shorthand explanation of the concept: if you're going to ban a form of expression, the ban can't be based on the content of the expression. A ban of any form of expression must be content neutral to be consistent with the First Amendment.
So, as Professor Volokh points out, a ban of all masks can be enforceable. A ban of a particular kind of mask based on the content of the mask, however, is not content neutral and is therefore probably not enforceable consistent with the First Amendment.
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AuthorThe contents of this blog, this web site, and any writings by me that are linked here, are all my personal commentary. None of it is intended to be legal advice for your situation. Archives
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