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SB 709

Criminal Law - Masked Intimidation - Prohibition (Unmask Hate Act)

2025 Regular Session Introduced by Jeff Waldstreicher

Maryland bill prohibits wearing masks while intimidating or threatening others based on protected identity characteristics, targeting hate group tactics while exempting legitimate uses.

Hearing 2/26 at 1:00 p.m.
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WeVote Research Nonpartisan
Bill Summary · SB 709

Legislative bill overview

SB 709, the "Unmask Hate Act," would prohibit wearing masks or face coverings during activities intended to intimidate, threaten, or coerce others based on protected characteristics like race, religion, or national origin. The bill targets masked intimidation tactics historically associated with hate groups while carving out exceptions for legitimate purposes like medical, theatrical, or holiday-related masks.

Why is this important

Mask-wearing during intimidation campaigns has been used by hate groups to obscure identity while amplifying fear in targeted communities. This bill addresses a gap in existing anti-intimidation laws by specifically targeting the anonymity that enables such tactics. The law would provide additional legal tools for prosecutors to address coordinated harassment campaigns.

Potential points of contention

  • First Amendment concerns: Critics may argue that prohibiting masks during certain speech acts—even intimidating ones—could constitute viewpoint-based restrictions on expressive conduct, potentially inviting constitutional challenges.
  • Definitional ambiguity: Terms like "intimidate" or "threaten" require fact-specific determinations; overly broad enforcement could chill legitimate protest or mask-wearing in contentious but non-violent situations.
  • Exception scope: The bill's carve-outs for legitimate mask-wearing purposes may create enforcement inconsistencies, as distinguishing between a Halloween costume and a hate group uniform relies on contextual judgment.

Compiled from official sources — confirm details with the bill’s official record.

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