http://www.cnn.com/2002/LAW/11/20/klan. ... index.html
NEW YORK (AP) -- Members of the Ku Klux Klan may demonstrate in their ceremonial hoods, a judge ruled Tuesday, saying a state law banning masks at public gatherings is unconstitutional.
U.S. District Judge Harold Baer Jr. said the First Amendment required him to reject New York's law finding a person guilty of loitering for joining a masked group.
He added that New York City engaged in viewpoint discrimination when it applied the law to the Klan but not to other groups in similar scenarios.
"No one disputes the fact that (the) plaintiff is a notorious racist organization, at least not this court," he wrote. "The focus here, however, is on constitutional protections."
The Klan pursued its case after members were forced to assemble without their hoods at an October 1999 Manhattan event.
Gabriel Taussig, chief of the city's Administrative Law Division, said the decision is legally wrong and deprives police of an important law enforcement tool.
In 1999, the 2nd U.S. Circuit of Appeals had permitted the city to enforce the law, which Taussig called "a good indication that we will prevail on the appeal."
Norman Siegel, a civil rights attorney who pressed the case when he headed the New York Civil Liberties Union, said the ruling was significant because it upholds anonymous free speech.
"The decision says all speech, including repugnant, bigoted and wrong-minded expression, is protected under the First Amendment," he said.
Judge rules that Mask Ban is unconstitutional..
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- MKSheppard
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Judge rules that Mask Ban is unconstitutional..
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As much as I loathe racists, I do believe in free speech. This ruling should be upheld.
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