12 US states and 7 countries that have barred protesters from wearing masks

On Friday, Hong Kong Leader Carrie Lam announced an immediate city-wide ban on protesters wearing face masks.

She said it had to be done , because most of the protesters vandalizing the city were doing it with their faces covered. The ability to hide their identity meant protesters could evade the law and act more daring, she said.

Protesters wear the masks because they fear reprisal from China's ever-ubiquitous surveillance of dissidents, aided by the government's widespread use of facial recognition technology .

The ban was passed under an emergency law from the colonial era. It's the first time it's been used since 1967, and it was originally passed to stop a seamen's strike in 1922 .

Banning masked protesters has also happened in the US, Europe, and Russia in the last two centuries.

Here are some of the places where masks or face coverings are banned in public.

In America, anti-mask laws have existed for more than 150 years. In New York, in 1845, a law was passed that made it illegal for a gathering of two or more people in public to wear a mask or cover their face to disguise their identity.

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Stephen Lam / Reuters

The law was a response to tenant farmers who were anonymously attacking the police after wheat prices rose. New York police used the law again in 2011 to arrest Occupy Wall Street protesters .

However, it's not a blanket ban . In 1999, the Klu Klux Klan managed to get a district court to revoke a ban on wearing masks for a demonstration in Manhattan, before the federal appeals court reapplied the ban .

The law does let people wear masks for events like Halloween, though.

Laws banning masks were also passed in direct response to the Klu Klux Klan. In Alabama, it's been illegal since 1949 to wear a mask in public, except for celebrations like Mardi Gras or Halloween.

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William Campbell / Sygma / Getty

Source: The New York Times

Until 1979, California had sweeping anti-mask laws. That changed when Iranian-Americans sued the state after the Iranian revolution. They argued the law put them in danger because they couldn't hide their identities while protesting against the new Iran leaders. They won, and the law was struck down.

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California still has a restriction though. After the case, it enacted a law that made it illegal to wear a mask while committing a crime .

In 2010, the District of Columbia banned protesters from wearing masks after 10 p.m. and without first notifying the police. It was enacted in response to protests by an animal rights group.

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Manuel Balce Ceneta / AP

Sources: DCist

In Ohio, it's illegal for two or more people to wear "whitecaps, masks or other disguises," while committing some sort of offense.

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William Thomas Cain/Getty Images

Sources: The New York Times , Ohio

In Florida, it's been illegal to wear a mask or hood to hide a person's face since 1951. But, according to Howard Finkelstein, a local public defender, the anti-masking laws were meant to stop the Klu Klux Klan and robberies. It was never meant for protesters.

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Chip Somodevilla / Getty

Source: Sun Sentinel

In Georgia, it's been illegal to wear a mask since 1951, except on occasions like Halloween, dressing up for a production, or going to sports games.

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Joe Raedle / Getty

Source: Atlanta News Now

In Massachusetts, it's illegal for anyone to disguise themselves to obstruct the law or intimidate police or civilians. People can be fined up to $500 and imprisoned for up to a year.

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Scott Eisen / Getty

But there's no specific law that makes it a criminal offense for protesters to have covered their faces in the public yet. It could happen though. In September 2019, state Sen. Dean Tran said it was time to impose such a law.

In Michigan, wearing a mask, or otherwise concealing one's identity to commit a crime, can lead to being put in prison for up to 93 days or being fined $500.

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Rebecca Cook / Reuters

Source: Michigan Legislature

In North Carolina, it's illegal to wear a mask or hood that disguises someone, and intimidates or prevents others from going about with their days.

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Mike Blake / Reuters

Source: North Carolina General Assembly

In North Dakota, in 2017, it was made illegal to wear a mask while committing a crime. The law was prompted by months of protests over the Dakota Access Pipeline.

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Stephanie Keith / Reuters

Sources: Columbia Journal of Transnational Law , KFYR , North Dakota Legislature

In Virginia, masks are banned when they're worn to hide the person's identity, unless it's for a traditional holiday, necessary for the person's job, or medically required.

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Steve Helber / AP

Source: Virginia Law

In West Virginia, masks are prohibited, except to dress up on holidays or for winter sports.

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Randy Snyder / Getty

Source: The New York Times

Outside of the US, Germany passed a law barring people from covering their face during demonstrations in 1985. But police aren't too strict on enforcement, and protesters manage to get past these laws by wearing sunglasses, scarves, and hats. Austria has a similar law.

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Sahm Doherty / The LIFE Images Collection / Getty

Sources: Washington Post , SCMP

In 2015, Spain passed a law that made wearing a mask a factor in choosing what offense the person had committed, and it could result in larger fines.

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Sergio Perez / Reuters

An earlier draft had included a complete ban on wearing masks during protests, which was known as the "gag law," but it didn't make it into the final law.

In 2013, Canada enacted a law that made it illegal for a protester to wear a mask or conceal their identity during a riot or unlawful gathering. If convicted, a masked protester could spend up to 10 years in prison.

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Christinne Muschi / Reuters

Source: CBC

In 2014, Ukraine quickly passed an anti-protest law, which included banning masks, but instead of weakening protests, as the government hoped, it led to a resurgence of violent riots.

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Burak Akbulut / Anadolu Agency / Getty

Source: Vice

Russia had also banned face masks at public gatherings, but in 2016 its Constitutional Court ruled that it was legal for people to cover their faces.

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Dmitri Lovetsky / AP

But police often pick up masked protesters despite the ruling, the Washington Post reported.

Australia doesn't have a nation-wide law banning masks, but in Melbourne demonstrators can be evicted from protests for wearing a mask.

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Darrian Traynor / Getty

However, police can only act if they think the mask is to conceal the protester's identity, or to protect themselves from things like pepper spray.

In January 2019, France banned masks under what's known as the "anti-troublemakers" law. The ban came after months of violent "yellow vest" protests, which were triggered by French President Emmanuel Macron's economic policies.

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Zakaria Adbelkafi / AFP / Getty

If caught, protesters could be imprisoned for up to one year and fined $17,000 .

Burkas have also been banned across Europe. Denmark, the Netherlands, Italy, France, Belgium, and Catalonia have imposed some form of ban to stop women from wearing burkas in public.

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Gonzalo Fuentes / Reuters

One of the reasons for the bans was to help lessen fears of a growing Islamic militant force. In Belgium, liberals argued that being unable to identify people who are wearing burkas was a security risk. They also called the burka " a walking prison " for women.

But Muslim rights groups have said these sorts of laws are discriminatory .

Catalonia's Immigration Minister told The Guardian in 2010: "At this rate we will end up with more bans than burqas."

In October 2019, Hong Kong enacted its ban on masks. But instead of stopping protesters from wearing masks, it led to more protests.

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Gemunu Amarasinghe / AP

The day it was enacted, tens of thousands of masked protesters took to the streets, chanting things like, "I want to wear face masks," and, "Wearing masks is not a crime."

Willy Lam, an adjunct professor at the Chinese University, told CBS News it was a dangerous first step , and if it doesn't work it could lead to curfews and more infringements on the freedoms of individuals.

12 US states and 7 countries that have barred protesters from wearing masks

In America, anti-mask laws have existed for more than 150 years. In New York, in 1845, a law was passed that made it illegal for a gathering of two or more people in public to wear a mask or cover their face to disguise their identity.

Laws banning masks were also passed in direct response to the Klu Klux Klan. In Alabama, it's been illegal since 1949 to wear a mask in public, except for celebrations like Mardi Gras or Halloween.

In 2010, the District of Columbia banned protesters from wearing masks after 10 p.m. and without first notifying the police. It was enacted in response to protests by an animal rights group.

In Ohio, it's illegal for two or more people to wear "whitecaps, masks or other disguises," while committing some sort of offense.

In Florida, it's been illegal to wear a mask or hood to hide a person's face since 1951. But, according to Howard Finkelstein, a local public defender, the anti-masking laws were meant to stop the Klu Klux Klan and robberies. It was never meant for protesters.

In Georgia, it's been illegal to wear a mask since 1951, except on occasions like Halloween, dressing up for a production, or going to sports games.

In Massachusetts, it's illegal for anyone to disguise themselves to obstruct the law or intimidate police or civilians. People can be fined up to $500 and imprisoned for up to a year.

In Michigan, wearing a mask, or otherwise concealing one's identity to commit a crime, can lead to being put in prison for up to 93 days or being fined $500.

In North Carolina, it's illegal to wear a mask or hood that disguises someone, and intimidates or prevents others from going about with their days.

In North Dakota, in 2017, it was made illegal to wear a mask while committing a crime. The law was prompted by months of protests over the Dakota Access Pipeline.

In Virginia, masks are banned when they're worn to hide the person's identity, unless it's for a traditional holiday, necessary for the person's job, or medically required.

In West Virginia, masks are prohibited, except to dress up on holidays or for winter sports.

Outside of the US, Germany passed a law barring people from covering their face during demonstrations in 1985. But police aren't too strict on enforcement, and protesters manage to get past these laws by wearing sunglasses, scarves, and hats. Austria has a similar law.

In 2015, Spain passed a law that made wearing a mask a factor in choosing what offense the person had committed, and it could result in larger fines.

In 2013, Canada enacted a law that made it illegal for a protester to wear a mask or conceal their identity during a riot or unlawful gathering. If convicted, a masked protester could spend up to 10 years in prison.

In 2014, Ukraine quickly passed an anti-protest law, which included banning masks, but instead of weakening protests, as the government hoped, it led to a resurgence of violent riots.

Russia had also banned face masks at public gatherings, but in 2016 its Constitutional Court ruled that it was legal for people to cover their faces.

Australia doesn't have a nation-wide law banning masks, but in Melbourne demonstrators can be evicted from protests for wearing a mask.

In January 2019, France banned masks under what's known as the "anti-troublemakers" law. The ban came after months of violent "yellow vest" protests, which were triggered by French President Emmanuel Macron's economic policies.

Burkas have also been banned across Europe. Denmark, the Netherlands, Italy, France, Belgium, and Catalonia have imposed some form of ban to stop women from wearing burkas in public.

In October 2019, Hong Kong enacted its ban on masks. But instead of stopping protesters from wearing masks, it led to more protests.

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