Donovan’s bill would mean up to two years of additional prison time for people convicted of wearing a mask or disguise while damaging property, and up to 15 years in prison for masked activity that “injures, oppresses, threatens, or intimidates any person,” some of which might be unenforceable.
“‘Oppress’ doesn’t really have a legal meaning, so that would probably be subject to an unconstitutionally vague challenge,” Robson said.
But law enforcement has previously used broad laws to crack down on leftist and anti-fascist protesters. Outside Trump’s inauguration in Washington, D.C. last January, police arrested more than 200 demonstrators, journalists, legal observers, and bystanders en mass.
