Maryland lawmaker wants to unmask Klan members

The Associated Press

02.25.00

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ANNAPOLIS, Md. — Legislation restricting the wearing of hoods and masks is needed to prevent Ku Klux Klan members from concealing their identity while spewing hateful speech that could lead to violence, state Sen. Leonard Teitelbaum told a Senate committee earlier this week.

The bill by the Montgomery County Democrat would make it a felony to wear a hood or mask in circumstances likely to incite a breach of the peace. While it does not mention any organization, it is aimed at demonstrations by Klan members.

The bill was opposed on constitutional grounds by witnesses who lauded Teitelbaum's intentions but said his bill would infringe on the right of free speech.

"It is to prevent individuals from concealing their identities while engaging in hate speech, not hate crimes," said Mindy Binderman, who spoke for the American Civil Liberties Union.

David Conn, speaking for the Maryland Jewish Alliance, opposed the bill because it would allow government "to take away our right to anonymity under certain circumstances."

He said gay-rights supporters and activists on both sides of the abortion issue might have good reason to conceal their identify when exercising their right to free speech by demonstrating in public. And immigrants demonstrating against repressive foreign regimes might need to remain anonymous to protect members of their families back home, Conn said.

"Free speech comes with a cost," he said.

Teitlebaum argued that his bill would not interfere with anyone's right to demonstrate or make his or her opinions known.

"Hiding behind a mask has nothing to do with free speech," he said.

The bill as introduced would have made it a crime to wear a hood or mask in public. But it exempted anyone under age 18, and also had numerous other exceptions such as for religious ceremonies, holiday dress, theatrical productions and simply to stay warm in cold weather.

But Teitelbaum considerably narrowed the scope of the bill by applying it only to cases where wearing a hood is intended to cause a breach of the peace and lead to violence.

That change enabled him to get support from the Carroll County Human Relations Commission and the Maryland Catholic Conference.

The state attorney general's office said there has been no definitive ruling by the U.S. Supreme Court on laws banning hoods, but that the original bill appeared to be constitutional based on rulings on a similar law in Virginia.