London Daily

Focus on the big picture.
Thursday, Mar 12, 2026

Opinion: The Right To Hide Your Face

Opinion: The Right To Hide Your Face

Hong Kong's highest court recently ruled a ban on protesters wearing masks was unconstitutional. Similar bans are already in place right in America.

Hong Kong’s High Court ruled Monday that a government ban on protesters wearing face masks was unconstitutional. The mask ban has become a flashpoint in the movement to defend democracy there, and is part of a growing battle between high-tech surveillance and evasion of such surveillance. Demonstrators have not only worn masks but also used umbrellas to shield themselves from surveillance cameras, destroyed CCTV cameras and “smart lamp posts,” and used lasers to neutralize them.

What many people do not realize is that a number of American states and cities also ban the wearing of face masks during protests. And in the United States, as in Hong Kong, the issue is likely to grow in significance due to the increasing prevalence of new surveillance technologies, especially surveillance cameras and face recognition.

Some of our anti-mask laws date back to the 19th century. A New York State law, for example, was originally enacted in 1845 to quash a sometimes violent rebellion by tenant farmers who dressed up as Native Americans to hide their faces. Some state laws apply narrowly (such as only during the commission of a crime) and others quite broadly. They typically include exceptions such as for holiday costumes, masquerade parties, sports and entertainment events, physical safety, protection from the cold, and religious beliefs.

Court challenges to American anti-mask laws have met with mixed success. A California law was struck down by state courts in 1979 in a challenge from Iranian-Americans who argued that it exposed them to retaliation by the Iranian government. Other courts have ruled that such laws are constitutional, most significantly the 2nd Circuit U.S. Court of Appeals, which upheld New York’s law in a case involving the Ku Klux Klan.

In fact, the KKK has been central to the history of mask laws in the United States, and that understandably complicates the issue for many people. A number of southern states, including Alabama, Florida, South Carolina, Virginia, and West Virginia, enacted mask bans in the late 1940s and early 1950s to repress the Klan. The political leaders in those states were acting not to help the Klan’s targets, but because they wanted to defend segregation as part of a “modern South” and felt that violent racist terrorism was making them look bad.

The political and technological contexts in which these laws are being applied are changing, however. Anti-mask laws today are being deployed more often against progressive protesters than Klansmen, and in ways that raise questions about selective prosecution.

New York State’s law was used to arrest Occupy Wall Street protesters, for example. In Alabama, police cited that state’s anti-KKK law to force people to remove their masks while protesting an April 2017 speech by a white supremacist. Alabama’s law was also used to arrest the organizer of a November 2018 protest over the fatal shooting of a Black man. In Virginia, several college students were arrested on felony charges and initially faced prison time for covering their faces while protesting a pro-Confederate rally. A legislator in Arizona proposed an anti-mask law, declaring that anti-Trump and Black Lives Matter protesters who damaged property were “absolutely” the “equivalent of the Ku Klux Klan." (“Now, there are no hangings of white people, yet,” he added.)

At the ACLU, we continue to get queries from protesters and even from street performers dressed as superheroes who have been cited or threatened under a mask ordinance. But it’s the spread of facial recognition that is likely to raise the stakes around anti-mask laws the most. The more accurate and widespread the technology becomes, the more situations will arise where people won’t want to show their faces. The cameras that increasingly surround us will allow the police to cheaply and easily identify us -and who we’re with, even if part of a giant crowd.

It gets even worse when we realize that we can be identified that way repeatedly, with our presence recorded in databases and automated algorithms used to flag repeat protest activity, associational patterns, or anything else the authorities might want to know.

And of course it’s not just the authorities who can use face recognition. Even if we restrict its use by government, private parties who have access to photographs of a controversial event will be able to use them to identify us and harass us, retaliate against us at work, or worse.

If we allow government face recognition to continue to spread, the American context will increasingly resemble what we see in Hong Kong today: a struggle for power centered around who can observe and who can be observed. American laws should allow people the freedom to cover up their faces in protests or anywhere else. If necessary, rules should only target uses of masks that are intended to facilitate commission of a crime. We must maintain the freedom to publicly express ourselves while protecting our privacy, in a world increasingly designed to take it away from us.

Newsletter

Related Articles

0:00
0:00
Close
Tesla Secures Approval to Supply Electricity Directly to Homes Across Britain
Prince William Delivers Tribute to Australia’s Naval Alliance Amid Renewed Royal Spotlight on the Country
UK Foreign Secretary Travels to Saudi Arabia to Reinforce Support for Regional Allies
Putin’s ‘Hidden Hand’ May Be Assisting Iran in Conflict With Trump, UK Defence Secretary Warns
UK Sets April Deadline for Tech Platforms to Strengthen Online Protections for Children
Elon Musk Moves Into Britain’s Energy Market as Tesla Wins Licence to Supply Power
UK Watchdog Warns Fuel Retailers Against Profiteering Amid Iran War Price Surge
Report Claims Iran Used UK Charity Network to Expand Influence
United States and United Kingdom Establish Joint Standards for Counter-Drone Technology
Iran May Be Laying Naval Mines in Strait of Hormuz, UK Warns Amid Escalating Gulf Tensions
US Deploys Bunker-Buster Bombs to UK Airbase as Iran Conflict Intensifies
British Troops in Iraq Intercept Iranian Drones Targeting Coalition Base
Release of Mandelson Files Raises Tensions as UK Seeks Stable Relations With Donald Trump
UK Documents Reveal Starmer Was Warned About Mandelson’s Epstein Links Before Ambassador Appointment
Nearly Five Hundred UK Mortgage Deals Withdrawn in Two Days as Market Volatility Forces Lenders to Reprice
Three Cargo Ships Hit Near Iran as Attacks Spread to Strategic Strait of Hormuz
Why British Police Repeatedly Declined to Investigate Jeffrey Epstein’s UK Links
UK Parliament Ends Hereditary Seats in House of Lords, Closing Chapter on Centuries of Aristocratic Lawmaking
EU and UK Urge Israel to Act Against Rising West Bank Settler Violence Amid Regional Tensions
US Senator John Kennedy Says Keir Starmer Should Not Be Trusted for Military Advice Amid Iran War Debate
UK High Court Rejects Attempt to Revive Terrorism Charge Against Kneecap Rapper
Revolut Secures Full UK Banking Licence After Multi-Year Regulatory Wait
Kentucky’s Bench Boost Powers Wildcats Past LSU in SEC Tournament Opener
British Couple Die After Being Pulled From Water at Australian Beach During Family Visit
Global Energy Agency Announces Record Release of 400 Million Barrels to Stabilize Oil Markets Amid Hormuz Disruption
British Airways Suspends UK Repatriation Flights as Middle East Travel Disruption Deepens
US Forces Prepare Ordnance at RAF Fairford as Strategic Bombers Deploy for Middle East Operations
Nigel Farage Faces Criticism After Saying Britain Should Stay Out of Iran War
Landmark UK Trial Begins Over Sony’s PlayStation Store Pricing
UK High Court Rejects Bid to Challenge Britain’s Chagos Islands Agreement With Mauritius
Finnish Duo Triumphs in England’s Annual Wife-Carrying Race, Winning a Barrel of Ale
How U.S. and UK National Security Strategies Are Reshaping the Global Business Landscape
Green Party Gains Momentum as Labour Shifts Toward the Political Centre
Royal Navy Destroyer HMS Dragon Sets Sail for Eastern Mediterranean as Regional Tensions Rise
UK Homebuilder Persimmon Warns Iran Conflict Could Dent Property Buyer Confidence
Roman Abramovich Signals Legal Fight if UK Seeks to Seize Chelsea Sale Funds
UK Ready to Back Emergency Oil Reserve Release as Middle East Conflict Pushes Prices Higher
Study of 40,000 Articles Sparks Debate Over Alleged Anti-Muslim Bias in UK Media
US and UK Army Chiefs Strengthen Cooperation on the Future of Armored Warfare
Britain’s Search for the Next ARM Intensifies as Startups and Investors Target the Semiconductor Frontier
Three US Strategic Bombers Arrive at RAF Fairford as Iran Conflict Intensifies
Cancer Death Rates in the UK Fall to the Lowest Level on Record
UK Government Bond Yields Retreat Slightly After Sharp Spike Triggered by Middle East Conflict
UK Chancellor Warns Middle East War Could Push Inflation Higher
UK Prime Minister Warns Iran Conflict Could Drive Up Prices and Threaten Economic Stability
Trump Declines UK Offer to Deploy Aircraft Carriers to Middle East Amid Iran Conflict
Prince Harry and Meghan Markle to Return to Australia After Seven Years for Philanthropic and Business Engagements
UK Government Signals Independence From Washington as Cooper Says Britain Does Not Agree With Trump on Every Issue
UK Experts Warn AI Chatbots Are Fueling Surge in Claims of Organised ‘Satanic’ Ritual Abuse
UK Political Parties Divided Over Strategy as Iran Conflict Reshapes Foreign Policy Debate
×