Unmasking Antifa: Should There be Enhanced Penalties for Committing Crimes While in Disguise? (H.R. 6054)

What is H.R. 6054?

(Updated October 25, 2019)

This bill — the Unmasking Antifa Act — would enhance penalties for committing crimes while in disguise. Specifically, wearing a mask while injuring, oppressing, threatening, or intimidating a person who is freely exercising their rights would face fines and up to 15 years imprisonment.

Argument in favor

Covering one’s face to commit acts of political violence has a long history — and more often than not, it is unsavory political groups like the KKK that adopt this practice. This bill effectively increases the punishment for violent political protest, which should not be condoned.

Argument opposed

It’s not entirely clear whether “mask laws” like this violate the First Amendment of the Constitution. Not only that, but there are other laws on the books that can be used to prosecute violent, disguised protesters for the crimes they commit so enhanced penalties aren’t needed.

Impact

Protesters, including antifa; and First Amendment speech protections.

Cost of H.R. 6054

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Daniel Donovan Jr. (R-NY) introduced this bill to increase penalties for committing crimes while wearing masks. There are three cosponsors of this bill, all of whom are Republicans.

Of Note: Antifa is often violent. The movement’s leaders admit a willingness to physically attack anyone who employs violence against them, or who they view as condoning racism — as long as force is used in the name of eradicating hatred, it’s considered within the bounds of the movement.

When antifa protesters congregate, they often wear all black and cover their faces with masks— a tactic known as “black bloc,” which aims to unify demonstrators’ efforts and hide their identities.

In response to antifa, many jurisdictions across the country have begun enforcing laws that bar people from wearing masks during gatherings, if those laws are on the books.

Media:

• CNN
  
• Conservative Review (Context)
  
• New York Times (Context)