In a recent development that could have far-reaching implications for student protesters, Ohio Attorney General Dave Yost has warned that an obscure law from 1953 could lead to felony charges for those arrested during on-campus demonstrations. The law, which was brought to light in a letter sent to Ohio's public university presidents, makes it a felony to commit a crime with two or more people while wearing disguises such as white caps or masks.
"In our society, there are few more significant career-wreckers than a felony charge," Yost said in the letter. He added that even a misdemeanor, such as trespassing, could be elevated to a felony under this law if committed while wearing a mask or disguise.
The use of face masks at protests has become commonplace during the COVID-19 pandemic, and has remained a feature of many campus protests. Students are often caught between their desire for public protest and fear of professional reprisals, according to a recent article by The Guardian.
The Ohio law, referred to as the "anti-disguise" law by Yost, is a fourth-degree felony punishable by six to 18 months in prison, up to $5,000 in fines, and up to five years on community control. It went into effect on Oct. 1, 1953, and is one of similar laws in 16 U.S. states, some of which were ratified around the same time to prevent Ku Klux Klan rallies.
Last month, 18 Ohio State students were arrested during several on-campus pro-Palestine protests. Some of these students were wearing medical masks and other face coverings when they were arrested. They were all charged with criminal trespassing, a fourth-degree misdemeanor punishable by up to 30 days in jail or a $250 fine.
Yost emphasized that the punishment for fourth-degree felonies under the anti-disguise law is significantly greater than misdemeanors that typically follow minor infractions during student protests. He expressed his concern that some Ohio students might be unaware of this law or the risk associated with their conduct.
"I do not wish to see anyone's First Amendment rights abridged, nor see anyone surprised that they violated the law," Yost said. "The First Amendment is a shield against the government, not a sword against fellow students."
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