Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Those laws are frequently overturned as unconstitutional, but may still remain on the books because we don't do a good job of clearing out laws that were ruled unconstitutional.

As a general rule of thumb, almost every time someone brings an edge case about whether or not speech is First Amendment-privileged before SCOTUS, SCOTUS rules in favor of the speech. (The main exception is speech of students in school.) SCOTUS hasn't specifically ruled on anti-mask laws to my knowledge, but I strongly doubt it would uphold those laws.




The last court case was 2004, and the New York anti-mask was upheld.

You don’t have to pontificate. The link was right there.


Random aside, I haven’t seen NY enforce the anti mask legislation during the Halloween parade, various protests, or Covid. So I bet a new constitutional challenge could be erected.


You're trolling right?




Consider applying for YC's Fall 2025 batch! Applications are open till Aug 4

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: