Why New York City’s mask ban is constitutional and necessary for public safety

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New York City Mayor Eric Adams has announced a new policy that prohibits masks in certain public places. It is predictable that the usual critics have begun to over-ventilate – adding this common sense public safety measure to an attack on civil liberties. But there are reports that some Jewish groups have not been greatly exaggerated. Many, if not most, mainstream groups do support the bill, and in fact, groups named by anonymous sources have actually been publicly available to support the mask ban, and in one case, especially the mask ban. Sobering review of facts and laws reveals a scandal that an initiative is far less than the haters believe, and is much more important: it is a responsible effort to protect not only Jewish citizens but all New Yorkers while maintaining good dominance.
The Constitution does not guarantee the right to publicly demonstrate anonymously through hidden identity. As the Court of Appeal of the Second Circuit explained Ku Klux Klanv in the Cathedral of the United States. Kerik v. Kerik, 356 F.3d 197 (2 February 2004), “The Supreme Court never held this right to freedom of association or to participate in anonymous speeches, obscuring the right to a public demonstration and not finding any tour.
The case involves KKK, an organization that threatens and intimidates and intimidates with deprivation of anonymity. However, the principle applies universally: In a civil society, especially a person involving rising crime, anti-Semitic threats and politically fraught tensions poured into our streets, the state has a compelling interest in being able to identify individuals in public places.
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Like many major cities, New York is facing a crisis of masked violence. From anti-Semitic mobs to destruction of Jewish businesses to coordinated flash mob robberies, bad actors are abused by facial cover – not public health, but rather evading accountability. Mayor Adams's policy is not to target peaceful protesters. It's about stopping those who hide behind anonymous veils from hurting others or breaking the law. It's not just a wise policy – it's basic governance. The law happened to be right beside him.
Mayor Adams did not ban speeches. He did not target any point of view. He simply said that in a free society, public protests must be made public. This is a narrow, content-neutral provision of behavior, not a restriction on expression, and within the constitutional framework stipulated by the Supreme Court.
It is well known that governments can impose reasonable time, place and manner on words and associations, especially when public safety is at risk. In fact, during the common 199 pandemic, the court made it clear that even the mandatory mask laws could be enforced constitutionally. Of course, reverse (the prohibition of masks in situations that pose a threat to public safety) is also legal. When protesters wear masks, they hinder the ability of law enforcement officers to maintain order and investigate crimes. This is not only theoretical – both the NYPD and DA officials have cited multiple instances in which masked agitators use anonymously provoking violence, destroying property or evading arrest.
Even the ACLU, when it is honest, admits that the First Amendment is not a suicide agreement. Rights and responsibilities are balanced. Moreover, the right to speak does not automatically translate into the right to hide identity in public squares at high tensions.
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For those who worry about the possible cold effect: The way to protect speech is better than encourage lawlessness. People have the right to express their objections. They have no constitutional rights and, when dressing for anonymity, they thwart law enforcement and endanger the public. The best remedy for offensive speeches is more speeches than more masks. Citizen disobedience always takes courage, including the willingness to stand behind your beliefs if you are willing to show up on your face. Martin Luther King Jr.
Mayor Adams is a responsible leader who must: balance freedom with security, transparency with protection. He did not prohibit protests. He did not review the speech. He just said that if you want to speak in public, you have to show up on your face, as millions of brave Americans have done in our history, marching for justice without hiding who they are.
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The reality is this: When people feel unsafely walking on the street or riding the subway, the whole idea of an open society begins to collapse. Order is not the enemy of freedom. This is its prerequisite. We live in democratic countries, not in masquerades.
Now it's time to start doing like this.