Antifia Masks: Legal Or Illegal In Oregon?

In Oregon, there is no law that explicitly prohibits members of Antifa from wearing masks in public. However, there have been petitions and calls for an anti-mask law to be implemented in the state, specifically targeting Antifa protesters. While some argue that masks can be used to intimidate others and enable criminal activity, others defend the right to wear masks as a form of anonymous political expression. The American Civil Liberties Union of Oregon has stated that an anti-mask law would likely face constitutional challenges and that behavior, rather than mask-wearing, should be the focus of law enforcement. In the absence of a statewide anti-mask law, it cannot be definitively concluded that Antifa is breaking the law by wearing masks in Oregon.

Oregon's anti-mask laws

Oregon does not currently have any anti-mask laws in place. However, there have been calls for the introduction of such laws, particularly in response to Antifa protests in Portland.

In 2019, Portland's Police Chief Danielle Outlaw called for a law that would bar the wearing of masks by demonstrators in the commission of crimes. Outlaw stated that masks were being used as a "guise of free speech" to commit crimes and that "a lot of people are emboldened because they can't be identified."

There is also a petition to pass anti-mask laws in Oregon, specifically targeting Antifa protesters. The petition proposes that no person over the age of 16 should be allowed to wear a mask, hood, or face-covering device that conceals their identity in public places, at public property, or during meetings or demonstrations.

It is important to note that anti-mask laws have been challenged in the US because they violate the First Amendment rights to free speech and free association. Opponents of anti-mask laws argue that such restrictions deprive people of the anonymity they seek to express their views. Additionally, the American Civil Liberties Union of Oregon has objected to anti-mask laws, stating that behavior should be the focus, not the mask, and that masks can be an important symbolic part of a protester's message.

Antifa violence in Portland

In 2020, Antifa and Black Lives Matter rioters in Portland, Oregon, began targeting residents in their homes, harassing them for their differing beliefs. One incident involved a middle-aged woman standing outside her home, who was confronted by an angry Antifa mob. The mob accused her of wearing a swastika armband and tried to force her back into her home. When she resisted, they attempted to rip off the armband, causing her to flee inside for safety. The mob also threw something at her window, breaking it and cheering as they did so.

On another occasion, two large groups of rioters gathered at separate locations in Portland, with one group marching to the Portland Police Bureau's (PPB) East Precinct building. They shone green lasers and strong lights at officers, spray-painted doors and surveillance cameras, and threw items such as fireworks and rocks at the officers. The crowd was eventually dispersed with tear gas, but not before a truck tried to run over several officers.

In 2021, a right-wing Proud Boys rally in Portland culminated in a gunfight when a man opened fire on antifascist demonstrators, who returned fire. The incident occurred after clashes between the two groups, during which Proud Boys discharged airsoft guns and antifascists threw firework munitions. The Portland Police Bureau confirmed that a man was arrested over the shooting, but no information on injuries was provided.

The violence in Portland has led to calls for anti-mask laws and stricter control of protest groups with a history of violence. Some argue that masks embolden protesters to commit crimes as they know they cannot be easily identified. However, opponents of such laws argue that they deprive people of the anonymity needed to express their views and that behaviour, not masks, should be the focus of the police.

Constitutional free speech issues

The First Amendment of the Bill of Rights provides protections for free speech. Oregon's free expression provision goes even further, protecting all expression equally. In the case of *State v. Ciancanelli* (2005), the Oregon Supreme Court stated that the framers of Oregon's free expression provision intended to "prohibit broadly any laws directed at restraining verbal or nonverbal expression of ideas of any kind".

However, the right to free speech is not absolute, and there are situations where wearing masks in public may be restricted. For example, if the masks are worn with the intent to deprive others of equal protection of the law, to intimidate or interfere with another person's exercise of their rights, or to avoid identification while engaging in illegal activities.

In Oregon, there have been calls for an anti-mask law to address concerns about violent protests and to prevent the wearing of masks by demonstrators during the commission of crimes. However, opponents of such a law argue that it would deprive people of the anonymity they seek to express their views and that it would be difficult to enforce constitutionally. They argue that the behaviour, not the mask, is the issue.

The American Civil Liberties Union of Oregon (ACLU) has stated that an anti-mask law would likely face constitutional free speech challenges and that the mask could be considered an important symbolic part of a protester's message.

The Oregon Constitution's free-speech jurisprudence under Article I, Section 8, is unique in its analysis and is not easily applied to federal law or the law of other jurisdictions. This makes it challenging to determine whether wearing masks in public for anonymous expression falls under protected speech in Oregon.

Police response to masked protests

The police response to masked protests varies depending on the jurisdiction and the specific circumstances of the protest. In some cases, police may be instructed to arrest individuals who are wearing masks in violation of the law. In other cases, police may be directed to de-escalate the situation and avoid confrontation with protesters.

In the context of Antifa protests in Oregon, there have been calls for anti-mask laws to be implemented. For example, a petition started by Stephanie Stults demanded that Governor Kate Brown and Portland Mayor Ted Wheeler "stop ignoring the Antifa violence" and pass anti-mask laws. The petition proposes making it illegal for anyone over the age of 16 to wear a mask, hood, or other face-covering while in public or at a demonstration. However, opponents of such laws argue that they would deprive people of anonymity and hinder their ability to express their views.

In 2019, Portland's Police Chief Danielle Outlaw called for a law that would bar the wearing of masks by demonstrators during the commission of crimes. She argued that masks embolden people to commit crimes and make it difficult for law enforcement to identify suspects. However, the American Civil Liberties Union of Oregon objected to this proposal, arguing that behaviour, not masks, should be the focus of the police. They also raised concerns about the constitutionality of such a law.

In Victoria, Australia, the state government has committed to banning masked protests, citing the need to balance the right to peaceful protest with the right to safety. The police in Victoria will have the power to "stop, search, and seize" in response to any display of symbols or flags of terrorist organizations. However, exemptions will be made for wearing masks for health, religious, or cultural reasons.

While some jurisdictions have implemented or considered implementing anti-mask laws, others have chosen to focus on other strategies to address violent protests. For example, Portland Police Chief Outlaw has called for changes in the law that would allow police to continually record protests, arguing that it would aid in investigations. However, civil rights activists in Portland and Oregon have objected to this proposal as well.

The debate around masked protests and the police response continues, with arguments being made for both the implementation of anti-mask laws and for alternative approaches that focus on behaviour and de-escalation.

Antifa's resistance to neo-Nazis and white supremacists

Antifa is a left-wing anti-fascist and anti-racist political movement in the United States. It is a highly decentralized array of autonomous groups that use nonviolent direct action, incivility, or violence to achieve their aims. Antifa supporters tend to hold anti-authoritarian, anti-capitalist, and anti-state views, subscribing to a varied range of left-wing ideologies. A majority of individuals involved are anarchists, communists, and socialists, although some social democrats also participate in the antifa movement.

The antifa movement grew after the 2016 United States presidential election. As of August 2017, approximately 200 groups existed, of varying sizes and levels of activity. It is particularly active in the Pacific Northwest, such as in Portland, Oregon.

Supporters of the movement aim to combat far-right extremists, including neo-Nazis and white supremacists. Antifa's resistance to neo-Nazis and white supremacists includes non-violent methods such as poster and flyer campaigns, mutual aid, speeches, protest marches, and community organizing. Some who identify as antifa also use tactics involving digital activism, doxing, harassment, physical violence, and property damage.

Antifa activists try to publicly identify white supremacists and get them fired from their jobs and evicted from their apartments. They also disrupt white supremacist rallies, including by force. Antifa activists often use the black bloc tactic, in which people dress in black and cover their faces to thwart surveillance and create a sense of equality and solidarity among participants. They wear masks to hide their identities from protestors on the other side or from police and cameras.

There have been efforts to discredit antifa by various right-wing groups and individuals, including calls by Donald Trump and William Barr to designate antifa as a terrorist organization. However, academics, legal experts, and others have argued that such an action would exceed the authority of the presidency and violate the First Amendment. Several analyses, reports, and studies have concluded that antifa is not a major domestic terrorism risk.

In Oregon, there have been calls for anti-mask laws to prevent violent protests by antifa and other groups. A petition has been started to pass anti-mask laws in the state, arguing that antifa protesters are "just as evil and dangerous as the KKK". However, opponents of such laws argue that they would deprive people of the anonymity they seek to express their views and that it would be difficult to enforce them for political protests while allowing them for Halloween celebrations or parties. The American Civil Liberties Union of Oregon has stated that they would object to an anti-mask law in the state, as they doubt it could be enforced in a constitutional manner.

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