Fashion, Fear, and the First: Why Neoteric Shiesty Mask Bans Are Unconstitutional
The First Amendment to the United States Constitution safeguards citizens from governmental intrusions on their freedom of expression. This freedom protects an individual’s right to express themselves through their clothing, irrespective of the expression’s popularity amongst the people as a whole. Unfortunately, mask bans across the country have infringed on this right. Local governments have become convinced that they cannot protect their citizens without controlling their fashion. For this reason, mask bans have been implemented, notwithstanding their constitutional ramifications or their likelihood of further criminalizing Black men and other vulnerable groups. This Note identifies why such bans violate the First Amendment right to freedom of expression. In so doing, it aims to protect individual agency and freedom by redressing legal infringements on the art, creativity, and expressions of marginalized people.
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