Ohio Attorney General Dave Yost warned university presidents on Monday of a historic state law that could mean masked anti-Israel demonstrators on college campuses could face felony charges.
A violation of the so-called “anti-disguise” law, which says that “no person shall unite with two or more others to commit a misdemeanor while wearing white caps, masks, or other disguise,” is a fourth-degree felony punishable by between six and 18 months in prison.
“Those guilty may also pay up to $5,000 in fines and spend up to five years on community control,” Yost wrote in Monday’s letter.
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“I do not wish to see anyone’s First Amendment rights abridged, nor see anyone surprised that they violated the law,” Yost wrote. “The First Amendment is a shield against the government, not a sword against fellow students. In the first place, students should protest within the bounds of the law, and not commit crimes.”
“In the second place, they should own their advocacy and avoid wearing masks,” Yost said.
Enacted in 1953, the law bars individuals wearing masks or disguises from congregating to commit misdemeanors. Most of the anti-Israel demonstrators on college campuses were disguised or covered their faces.
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“It seems likely that at least some of the students around Ohio are unaware of this law, or the risk of their conduct. You have the tools to fill in that gap. As the semester draws to a close, let’s send the students home safely–and without surprise criminal records,” Yost said.
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More than a dozen states have anti-mask laws, many implemented around the era of Ku Klux Klan rallies. In Ohio, 19 students – some wearing masks or facial coverings – were recently arrested during anti-Israel demonstrations. Meanwhile, Columbus City Attorney Zach Klein said last week his office is investigating more than 40 cases of arrests during unrest at Ohio State University.
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