London Daily

Focus on the big picture.
Tuesday, Oct 21, 2025

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 A New York State law, for example, was originally enacted in 1845 to quash a sometimes violent rebellion by tenant farmers who dressed up as Native Americans to hide their faces.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
Nicolas Sarkozy begins five-year prison term at La Santé in Paris
Japan stocks surge to record as Sanae Takaichi becomes Prime Minister
This Is How the 'Heist of the Century' Was Carried Out at the Louvre in Seven Minutes: France Humiliated as Crown with 2,000 Diamonds Vanishes
China Warns UK of ‘Consequences’ After Delay to London Embassy Approval
France’s Wealthy Shift Billions to Luxembourg and Switzerland Amid Tax and Political Turmoil
"Sniper Position": Observation Post Targeting 'Air Force One' Found Before Trump’s Arrival in Florida
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
Windows’ Own ‘Siri’ Has Arrived: You Can Now Talk to Your Computer
Thailand and Singapore Investigate Cambodian-Based Prince Group as U.S. and U.K. Sanctions Unfold
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
Chinese Tech Giants Halt Stablecoin Launches After Beijing’s Regulatory Intervention
Manhattan Jury Holds BNP Paribas Liable for Enabling Sudanese Government Abuses
Trump Orders Immediate Release of Former Congressman George Santos After Commuting Prison Sentence
S&P Downgrades France’s Credit Rating, Citing Soaring Debt and Political Instability
Ofcom Rules BBC’s Gaza Documentary ‘Materially Misleading’ Over Narrator’s Hamas Ties
Diane Keaton’s Cause of Death Revealed as Pneumonia, Family Confirms
Former Lostprophets Frontman Ian Watkins Stabbed to Death in British Prison
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
Outsider, Heroine, Trailblazer: Diane Keaton Was Always a Little Strange — and Forever One of a Kind
Dramatic Development in the Death of 'Mango' Founder: Billionaire's Son Suspected of Murder
Two Years of Darkness: The Harrowing Testimonies of Israeli Hostages Emerging From Gaza Captivity
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
HSBC Confronts Strategic Crossroads as NAB Seeks Only Retail Arm in Australia Exit
U.S. Chamber Sues Trump Over $100,000 H-1B Visa Fee
Shenzhen Expo Spotlights China’s Quantum Step in Semiconductor Self-Reliance
China Accelerates to the Forefront in Global Nuclear Fusion Race
Yachts, Private Jets, and a Picasso Painting: Exposed as 'One of the Largest Frauds in History'
Australia’s Wedgetail Spies Aid NATO Response as Russian MiGs Breach Estonian Airspace
McGowan Urges Chalmers to Cut Spending Over Tax Hike to Close $20 Billion Budget Gap
Victoria Orders Review of Transgender Prison Placement Amid Safety Concerns for Female Inmates
U.S. Treasury Mobilises New $20 Billion Debt Facility to Stabilise Argentina
French Business Leaders Decry Budget as Macron’s Pro-Enterprise Promise Undermined
Trump Claims Modi Pledged India Would End Russian Oil Imports Amid U.S. Tariff Pressure
Surging AI Startup Valuations Fuel Bubble Concerns Among Top Investors
Australian Punter Archie Wilson Tears Up During Nebraska Press Conference, Sparking Conversation on Male Vulnerability
Australia Confirms U.S. Access to Upgraded Submarine Shipyard Under AUKUS Deal
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
Brands Confront New Dilemma as Extremists Adopt Fashion Labels
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Erika Kirk Delivers Moving Tribute at White House as Trump Awards Charlie Presidential Medal of Freedom
British Food Influencer ‘Big John’ Detained in Australia After Visa Dispute
ScamBodia: The Chinese Fraud Empire Shielded by Cambodia’s Ruling Elite
French PM Suspends Macron’s Pension Reform Until After 2027 in Bid to Stabilize Government
Orange, Bouygues and Free Make €17 Billion Bid for Drahi’s Altice France Telecom Assets
Dutch Government Seizes Chipmaker After U.S. Presses for Removal of Chinese CEO
Bessent Accuses China of Dragging Down Global Economy Amid New Trade Curbs
U.S. Revokes Visas of Foreign Nationals Who ‘Celebrated’ Charlie Kirk’s Assassination
AI and Cybersecurity at Forefront as GITEX Global 2025 Kicks Off in Dubai
DJI Loses Appeal to Remove Pentagon’s ‘Chinese Military Company’ Label
×