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Ohio has a law to make illegal protesters wearing a mask/hood a felony
#1
https://www.foxnews.com/politics/ohio-ag-defends-letter-warning-woke-masked-anti-israel-protesters-they-face-prison-time-we-have-a-society

Be proud, Ohio AG warns protesters they face 6 to 18 months in prison and a $5000 fine if they wear a mask and attack during a protest. Those wearing masks and hoods to cover their faces are no different than members of the KKK, they are attempting to hide their identity while committing a crime.

Ohio’s Republican Attorney General is pushing back against critics after warning that anti-Israel protesters wearing masks are facing potential prison time due to a little known state law.

"The First Amendment protects you and saying whatever it is you have to say. Even hateful things are protected by the First Amendment," Ohio AG Dave Yost told Fox News Digital this week. "The First Amendment, though, was always designed to be a shield against the government. It's not a sword against your fellow students and they have rights too. Your First Amendment rights are limited by their right to be able to go to school, use the library, get the value of their education and the tuition that they paid for."

In a letter sent on Monday, Yost warned university presidents of a historic state law that could mean masked anti-Israel demonstrators on college campuses could face felony charges.

"The law is an old law," Yost told Fox News Digital. "It goes back to the 20th century, and it was originally designed to make sure that people like Ku Klux Klan were held accountable, that, of course, the reason that the Ku Klux Klan wore hoods and masks over their faces is so that they couldn't be identified because they were committing crimes. So the General Assembly in Ohio said, okay, you can wear a mask, you can wear a hood, that's fine. But if you commit a crime with two or more other people, while you are masking yourself, we're going to see that as a heightened kind of crime, a worse kind of thing, because you're consciously doing this and trying to hide your identity because you know you're doing something wrong."

In his letter, Yost warned Ohio universities that "violation of this ‘anti-disguise’ law is a fourth-degree felony punishable by between six and 18 months of imprisonment."

"Those guilty may also pay up to $5,000 in fines and spend up to five years on community control. (See Ohio Revised Code 3761.99.) This punishment is significantly greater than misdemeanors that typically follow minor infractions that accompany student protests."

Students and outside activists have routinely worn face coverings with some blaming the coronavirus and others saying they are afraid of reprisals.

"They'll tell you that in interviews," Yost said. "I've seen it on numerous reports, they're afraid of, quote unquote, reprisals. Well, reprisals from what? The university administrations are all in on this woke, anti-Israel, pro-Palestine, rhetoric. They don't have to worry about being thrown out of school for expressing their views. But reprisals from whom? Well, reprisals from the criminal justice authorities who enforce laws like arson laws like trespassing and that's exactly what this heightened scrutiny is all about."
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#2
More from AP
https://apnews.com/article/campus-protests-mask-law-ohio-55216c2b84d098edf9de69a679f83340
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#3
As long as it’s in combination with another crime I have no problem with it.
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#4
(05-13-2024, 02:22 PM)michaelsean Wrote: As long as it’s in combination with another crime I have no problem with it.

It's a targeted law aiming at groups of people wearing masks while committing a crime.
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#5
I've been asking for this for quite some time, but I doubt we'll ever get it here. I think it completely avoids any first amendment issues. I'd really like to see it as an enhancement, meaning it can be tacked on to any crime committed while wearing said face covering, as opposed to a separate criminal charge. That way the confinement time can really stack up if a person commits multiple crime.

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#6
(05-13-2024, 02:52 PM)SunsetBengal Wrote: It's a targeted law aiming at groups of people wearing masks while committing a crime.

I know. I was saying as long as that is there.
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#7
Nice to someone wanting to Enforce the laws that are on the books already.
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#8
(05-09-2024, 02:02 PM)Luvnit2 Wrote: https://www.foxnews.com/politics/ohio-ag-defends-letter-warning-woke-masked-anti-israel-protesters-they-face-prison-time-we-have-a-society

Be proud, Ohio AG warns protesters they face 6 to 18 months in prison and a $5000 fine if they wear a mask and attack during a protest. Those wearing masks and hoods to cover their faces are no different than members of the KKK, they are attempting to hide their identity while committing a crime.

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. . . .(from Stewie's link).

So people can wear a mask at a protest, just not wear one AND commit a crime, like what, failure to disperse? 

What about a black mask? This applies to "caps" too?  Old laws are interesting. Be proud, Ohio. And Arizona. 

Wondering how re-activating a law originally targeting the Klan will affect the US' tradition of civil disobedience.


Normally people who want to commit crimes don't want to be identified. Not always the case with civil disobedience, though. 
This looks like a way to squeeze a bit of extra-serious punishment out of existing (if outdated) law by adapting it to pro-Palestine protests.
Turn a misdemeanor into a felony. Wreck careers, if possible. 

“In our society, there are few more significant career-wreckers than a felony charge" says the Ohio AG.

He also shared an impression of university administrators "in on this woke anti-Israel, pro-Palestine rhetoric."   
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#9
(05-15-2024, 11:25 PM)Dill Wrote: 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. . . .(from Stewie's link).

So people can wear a mask at a protest, just not wear one AND commit a crime, like what, failure to disperse? 

What about a black mask? This applies to "caps" too?  Old laws are interesting. Be proud, Ohio. And Arizona. 

Wondering how re-activating a law originally targeting the Klan will affect the US' tradition of civil disobedience.


Normally people who want to commit crimes don't want to be identified. Not always the case with civil disobedience, though. 
This looks like a way to squeeze a bit of extra-serious punishment out of existing (if outdated) law and apply it to protestors.
Turn a misdemeanor into a felony. Wreck careers, if possible. 

“In our society, there are few more significant career-wreckers than a felony charge" says the Ohio AG.

He also shared an impression of university administrators "in on this woke anti-Israel, pro-Palestine rhetoric" too.  

I believe that's...
-white caps
-mask
-other disguises

Not... 
White: caps, masks, or other disguises

As that would almost certainly be written as "while wearing caps, masks, or other disguises that are white".

But I might be mistaken and even if I am not I could absolutely see a defense attorney using that as an argument later.

I think my biggest problem with it is I don't think it should be an escalator for any non-violent crime as that seems like it has the potential for abuse and weird cases of people getting massive sentences for minor and petty crimes. I will disagree with you that it's an "outdated" law. The KKK had a demonstration in Cincinnati in my lifetime and I am in my 30s.

Ultimately it seems a bit like body armor. It's not illegal to wear body armor, but I am pretty sure in most states if you wear it while doing a violent felony it's an escalator. 
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#10
(05-15-2024, 11:25 PM)Dill Wrote: 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. . . .(from Stewie's link).

So people can wear a mask at a protest, just not wear one AND commit a crime, like what, failure to disperse? 

What about a black mask? This applies to "caps" too?  Old laws are interesting. Be proud, Ohio. And Arizona. 

Wondering how re-activating a law originally targeting the Klan will affect the US' tradition of civil disobedience.


Normally people who want to commit crimes don't want to be identified. Not always the case with civil disobedience, though. 
This looks like a way to squeeze a bit of extra-serious punishment out of existing (if outdated) law by adapting it to pro-Palestine protests.
Turn a misdemeanor into a felony. Wreck careers, if possible. 

“In our society, there are few more significant career-wreckers than a felony charge" says the Ohio AG.

He also shared an impression of university administrators "in on this woke anti-Israel, pro-Palestine rhetoric."   

No one is stopping them from Protesting peacefully.

However, might be smart to know WHO you are protesting with if you do decide to wear a mask.
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#11
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#12
(05-15-2024, 11:54 PM)TheLeonardLeap Wrote: I believe that's...
-white caps
-mask
-other disguises

Not... 
White: caps, masks, or other disguises

As that would almost certainly be written as "while wearing caps, masks, or other disguises that are white".

But I might be mistaken and even if I am not I could absolutely see a defense attorney using that as an argument later.

I think my biggest problem with it is I don't think it should be an escalator for any non-violent crime as that seems like it has the potential for abuse and weird cases of people getting massive sentences for minor and petty crimes. I will disagree with you that it's an "outdated" law. The KKK had a demonstration in Cincinnati in my lifetime and I am in my 30s.

Ultimately it seems a bit like body armor. It's not illegal to wear body armor, but I am pretty sure in most states if you wear it while doing a violent felony it's an escalator. 

Your assessment is correct.  Legally the only thing that is required to be white would be the caps.  As for abuse, that's the case with any law.  Abuse can also take the form of deliberately mischarging someone with a lesser crime because you think the criminal justice system is inherently racist.  You really have to trust in the DA your area elected to do their job properly, in a fair and measured fashion.  This law in itself is perfectly reasonable, if you commit crimes will deliberately concealing your identity than that should absolutely be an enhancement or a new charge.  One could even argue it showed pre-planning, but not in a beyond a reasonable doubt fashion, as could your analogy of wearing armor.

Unfortunately, we are in an environment in which these protestors are being treated with kid gloves or too severely.  What I would like to see is making it a felony to block a road with any protest for which you do not have a permit to do so.  That shit needs to stop yesterday.

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#13
(05-13-2024, 02:22 PM)michaelsean Wrote: As long as it’s in combination with another crime I have no problem with it.

well illegal protesting is a crime itself
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#14
(05-15-2024, 11:54 PM)TheLeonardLeap Wrote: I believe that's...
-white caps
-mask
-other disguises
Not... 
White: caps, masks, or other disguises
As that would almost certainly be written as "while wearing caps, masks, or other disguises that are white".
But I might be mistaken and even if I am not I could absolutely see a defense attorney using that as an argument later.
I think my biggest problem with it is I don't think it should be an escalator for any non-violent crime as that seems like it has the potential for abuse and weird cases of people getting massive sentences for minor and petty crimes. I will disagree with you that it's an "outdated" law. The KKK had a demonstration in Cincinnati in my lifetime and I am in my 30s.

Ultimately it seems a bit like body armor. It's not illegal to wear body armor, but I am pretty sure in most states if you wear it while doing a violent felony it's an escalator. 

A good answer.  I'm not against using masks as "escalators," but I think the crime so enhanced needs already to be a felony, something like smashing storefront windows, torching vehicles and assaulting police or counter protestors with weapons.

I don't think it should be used to create a felony where none would otherwise be, especially by a DOJ who has his own ideas about causes are legitimate to protest.

By the way, CNN had a segment last night in which they interviewed violence-inclined counter-protestors from the UCLA clases, one of whom wore a white mask and a white hoodie. Colors matter! LOL   Anyway, this guy is a senior at a local high school and wants to go join the IDF after he graduates.
https://www.cnn.com/2024/05/16/us/ucla-student-protests-counterprotesters-invs/index.html
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#15
(05-16-2024, 05:05 PM)Dill Wrote: A good answer.  I'm not against using masks as "escalators," but I think the crime so enhanced needs already to be a felony, something like smashing storefront windows, torching vehicles and assaulting police or counter protestors with weapons.

I don't think it should be used to create a felony where none would otherwise be, especially by a DOJ who has his own ideas about causes are legitimate to protest.

By the way, CNN had a segment last night in which they interviewed violence-inclined counter-protestors from the UCLA clases, one of whom wore a white mask and a white hoodie. Colors matter! LOL   Anyway, this guy is a senior at a local high school and wants to go join the IDF after he graduates.
https://www.cnn.com/2024/05/16/us/ucla-student-protests-counterprotesters-invs/index.html
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rather stupid, people acting like we are a 3rd world country, then media crying cause they got hurt at a protest that turned violent, instead of leaving when it starts to turn ugly? 
The stupidity of it all. 

The saddest part is the people we expect to lead us, aren't much better. 
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#16
(05-17-2024, 10:28 AM)Mike M (the other one) Wrote: rather stupid, people acting like we are a 3rd world country, then media crying cause they got hurt at a protest that turned violent, instead of leaving when it starts to turn ugly? 
The stupidity of it all. 

The saddest part is the people we expect to lead us, aren't much better. 

ONE of them is better, and won't encourage riotous behavior if he loses.

I don't want the media to leave when it turns ugly. That's when we need them most. Right? 

I heard one of the complaints about the UCLA protest was that police were not protecting peaceful 
protestors from violent counter-protestors. What do you make of that, if true? 
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#17
(05-17-2024, 07:28 PM)Dill Wrote: ONE of them is better, and won't encourage riotous behavior if he loses.

I don't want the media to leave when it turns ugly. That's when we need them most. Right? 

I heard one of the complaints about the UCLA protest was that police were not protecting peaceful 
protestors from violent counter-protestors. What do you make of that, if true? 

I understand about the press, but really do they have to be right up in the middle of it? Keep a safe distance, camera's can zoom right?

Even for the protestors, once things head south, LEAVE. I've been to protests before, one turned violent, the other side started throwing beer bottles at the group i was in. I left immediately. Some people seem to wear their injuries like it's some badge of honor. It's not. It's STUPID. 

As far as the Police, anytime you have large gatherings, you will also have varied opinions. 

Unlike the media, they are trained to not go running right into the middle of a dangerous situation where they put themselves at a great risk for harm. They will go in when they have the numbers, appropriate gear and authorization. Besides, if they went in there and were attempting to defend one group but hurt people in the other group, all we'd be hearing about from you is police brutality! so it's a fickle spot for them to be in. 
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#18
(05-18-2024, 05:39 AM)Mike M (the other one) Wrote: I understand about the press, but really do they have to be right up in the middle of it? Keep a safe distance, camera's can zoom right?

Even for the protestors, once things head south, LEAVE. I've been to protests before, one turned violent, the other side started throwing beer bottles at the group i was in. I left immediately. Some people seem to wear their injuries like it's some badge of honor. It's not. It's STUPID. 

As far as the Police, anytime you have large gatherings, you will also have varied opinions. 

Unlike the media, they are trained to not go running right into the middle of a dangerous situation where they put themselves at a great risk for harm. They will go in when they have the numbers, appropriate gear and authorization. Besides, if they went in there and were attempting to defend one group but hurt people in the other group, all we'd be hearing about from you is police brutality! so it's a fickle spot for them to be in. 

Would they show up at a protest without "appropriate gear and authorization" and no plan for what to do if one group starts beating on another? 

We are talking about LA police, not Uvalde. 
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#19
(05-18-2024, 07:46 PM)Dill Wrote: Would they show up at a protest without "appropriate gear and authorization" and no plan for what to do if one group starts beating on another? 

We are talking about LA police, not Uvalde. 

Ask the resident CA PO on that one. I'm just guessing, just like you. 

Common sense don't you think? Running into the middle of two sides fighting just means that now both will fight with you and if you don't have the means to protect your blindside, then you'll likely get hurt. 
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