Austin, TX — Texas lawmakers are weighing legislation that could ban the wearing of masks during protests, sparking debate over its constitutionality and potential implications for civil rights. The proposed law, which is expected to be discussed in more detail in the upcoming legislative session, has raised concerns among both law enforcement officials and civil liberties advocates.
The bill, if passed, could classify mask-wearing during public demonstrations as a misdemeanor offense or as an enhancement to other crimes. During a recent state committee meeting, concerns were raised about how law enforcement would determine who falls under the law’s restrictions.
Senator Judith Zaffirini voiced her apprehension about the subjective nature of enforcing the law, asking how authorities would distinguish between lawful behavior and suspicious activity based solely on mask usage.
“If half the people in this room were wearing masks, how would you proceed under this law?” Zaffirini inquired.
Hannah Myers, Director of Policing and Public Safety at the Manhattan Institute, responded that law enforcement would use the "totality of the circumstances" to assess the situation. “It is completely different from a person that may be acting in a certain way that is suspicious,” Myers explained, emphasizing that the law would focus on demonstrations where criminal activity is likely to occur.
However, civil rights advocates, including attorney Isaac Perez, argue that the proposed legislation is unconstitutional and would disproportionately affect vulnerable groups.
"This ban is completely unconstitutional. It would unfairly target people who need to wear masks for medical reasons, such as those with compromised immune systems, as well as Muslim women who wear traditional niqobs for religious reasons,” Perez said. “It also risks silencing individuals who want to protest but are worried about political violence or cyberbullying.”
Perez emphasized that the bill could violate both the First and Fourth Amendments. “Not only does this infringe on the First Amendment right to freedom of expression, but with today’s widespread use of facial recognition technology, it's a violation of the Fourth Amendment as well,” he argued. “People at protests are being subjected to illegal surveillance, making them 'insecure in their persons'—a direct violation of the Fourth Amendment."
Perez warned that the ban could be used to suppress political dissent. “This legislation opens the door to excessive policing and the criminalization of lawful protests, something we must be extremely cautious of.”
In a more pointed criticism, Perez didn't hold back his disdain for law enforcement's support of the bill, stating, “If Texas lawmakers choose to side with these Gestapo-like police organizations on this issue, they will be violating their oaths of office to uphold the Constitution. The right to peacefully assemble and express dissent is the cornerstone of democracy. Criminalizing the wearing of masks is not just about safety—it’s about control.”
He continued, "Lawmakers are essentially being asked to greenlight a new tool of suppression. Protesters have long worn masks to protect their identities from retaliation, not to hide criminal intent. By passing this law, Texas would be joining the ranks of authoritarian regimes that crack down on dissent and free expression.”
Perez concluded by urging lawmakers to reject the proposal: “This isn’t about keeping the peace; it’s about intimidating and silencing those who dare to stand up against injustice. If this bill passes, it will send a chilling message to every Texan that their basic freedoms can be stripped away under the guise of public safety.”
Travis County Attorney Delia Garza recently dismissed charges against nearly 80 pro-Palestine protesters at UT Austin, including charges related to wearing masks. She acknowledged the complexities of regulating mask-wearing at protests and indicated that her office would closely monitor the legislative developments.
Law enforcement officials, however, believe that the legislation could enhance public safety. "We want to ensure that protests remain peaceful and do not devolve into criminal activity," said a spokesperson for the Austin Police Department. "But we also recognize the need to balance civil liberties with law enforcement capabilities."
As Texas lawmakers prepare to revisit the issue in the spring, the debate over the mask ban continues to reflect larger national conversations about protest rights, surveillance, and public safety. Whether the bill will be passed—and how it will be enforced—remains a contentious issue, with many watching closely for its potential impact on free speech and personal privacy.