Anonymity, Masking, and Civil Rights
Event Video
Since September 2025, California, Washington, and Oregon have barred federal agents from wearing masks. Other states are considering similar bills. At the same time, twenty-three states and the District of Columbia restrict masks in public, and states have used those laws against campus protesters opposing Israel’s actions in Gaza. Both sets of laws leave major constitutional and policy questions unsettled. State limits on masking by federal agents raise Supremacy Clause and preemption issues and prompt hard tradeoffs around officer safety, accountability, and operational security. Mask bans for protesters test whether the First Amendment protects anonymous protest. Join our panel of experts to examine how these fights could unfold in legislatures and courts—and what to watch next.
Featuring:
- Prof. Ashutosh Bhagwat, Boochever and Bird Distinguished Professor of Law, UC Davis School of Law
- Bill Maurer, Managing Attorney of the Washington Office, Institute for Justice
- (Moderator) Hans von Spakovsky, Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
