Ohio attorney general warns student protesters wearing masks could face misdemeanor charges under anti-KKK law

COLUMBUS, Ohio (AP) — Ohio’s top lawyer has advised the state’s public universities that a law written to deter Ku Klux Klan demonstrations could be used to impose misdemeanor charges on students who wear face coverings while protesting the war in Gaza.

In a letter sent Monday, after weeks of pro-Palestinian campus protests across the country, Republican Attorney General Dave Yost advised the presidents of Ohio’s 34 public, four-year universities — which his office represents — to give students advance warning before the 1953 law.

“In our society, there are few more career-breakers than a misdemeanor charge,” the letter said. “I am writing to you today to inform your student organizations of an Ohio law that, in the context of some behavior during the recent pro-Palestinian protests, could have that effect.”

The law is contained in a single sentence: “No person shall associate with two or more others to commit a crime while wearing white caps, masks or other disguises.” Violating this “anti-disguise law” is punishable by a fourth-degree misdemeanor, up to $5,000 in fines and five years of community control, Yost wrote.

Protesters in the US and around the world have increasingly taken steps to remain anonymous by wearing a combination of head and face coverings, in a world where facial recognition software can easily lead to negative consequences. However, not everyone does this to hide their identity. Some wear religious hijabs or medical masks used to prevent exposure to COVID-19, or as a political statement about the ongoing effects of the virus.

Yost, a fourth-term state official who is considering a run for governor in 2026, wrote that students should protest “within the limits of the law,” not commit crimes and not use the First Amendment as “a sword against fellow students’. and “have their advocacy and avoid wearing masks.”

Ohio’s 34 public universities include Kent State, whose name is synonymous with clashes between Vietnam War protesters and National Guard members that left four dead in 1970, and Ohio State — a site of several protests in recent weeks with dozens arrested, most for criminal trespass.

Ohio State spokesman Ben Johnson said the university had received Yost’s letter and was reviewing it. In a March 6 letter, Yost had told President Ted Carter that Ohio law prohibits the university from divesting its interests in Israeli assets, one of the calls from protesters.

Kent State and several other universities contacted by The Associated Press had no immediate comment. Neither does the Interuniversity Council, which represents the interests of universities, nor does it talk about the American Civil Liberties Union.

Bethany McCorkle, a spokesperson for Yost’s office, said the letter about the “disguise law” was not a response to a specific request for legal advice by the universities.

“The letter provided proactive guidance to the universities for which he serves as counsel to ensure no one becomes an unintentional criminal,” she said in a text message.