There is, however, a simple and well-known legal reform that will go a long way towards deterring Antifa violence — even when police aren’t close by, but iPhones are. It’s called an anti-masking law. They’ve long existed in the South as a check on Klan violence, and they not only make it easier for police to immediately identify and arrest criminals, they also allow witnesses to preserve the pictures and videos of violent attackers for later criminal or civil action.
When I tweeted over the weekend in support of an anti-masking ordinance in Oregon, a number of correspondents asked me if the laws were consistent with First Amendment protections for anonymous speech. The answer is generally (though not always) yes, and there’s relatively recent on-point case law in the Second Circuit saying so. While court of appeals cases aren’t nationally dispositive, the panel in Church of the American Knights of the Ku Klux Klan v. Kerik included Sonia Sotomayor, and its reasoning is instructive.
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