Ohio Attorney General warns student protesters wearing masks could face criminal charges under anti-KKK law

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

In a letter sent Monday after weeks of pro-Palestinian protests on campuses across the country, Republican Attorney General Dave Yost advised the presidents of the 34 public four-year universities in Ohio – which his office represents – to warn students in regards to the 1953 law.

“In our society, there are few more significant career disruptors than being charged with a crime,” the letter said. “I am writing to you today to inform your student bodies about an Ohio law that may have this effect in the context of certain conduct during the recent pro-Palestinian protests.”

The law is contained in a single sentence: “No person shall associate with two or more other persons for the purpose of committing an offense while wearing white caps, masks, or other disguises.” Violating this “anti-concealment” law is punishable by a fourth-degree felony, a wonderful of as much as $5,000 and five years of community supervision, Yost wrote.

Protesters across the United States and around the globe are increasingly taking steps to stay anonymous by wearing a mix of headgear and face coverings in a world where facial recognition software can easily result in negative consequences. However, not everyone does it to cover their identity. Some wear religious hijabs or medical masks used to stop exposure to Covid-19 or as a political statement in regards to the ongoing effects of the virus.

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Yost, a fourth-term state official who’s considering a run for governor in 2026, wrote that students should protest “within the limits of the law,” not commit crimes and never use the First Amendment as a “sword against other students.” and “have their support 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 4 people dead in 1970, and Ohio State, the positioning of several protests in recent weeks during dozens of individuals were arrested, most of them for crimes.

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

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

Bethany McCorkle, a spokeswoman for Yost’s office, said the letter regarding the “withholding information statute” was not in response to any specific request from the schools for legal advice.

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