Can you wear a mask at a protest in Texas? Here’s what state law says
Multiple “No Kings Day” demonstrations are planned across America June 14 — including in North Texas cities like Fort Worth, Arlington and Dallas — to protest President Donald Trump and his administration’s policies.
Texas lawmakers have introduced several bills targeting protests this past legislative session, particularly around the use of masks at protests.
Some protesters started wearing masks more frequently in 2020 during protests and demonstrations following George Floyd’s murder, both as a health precaution during the COVID-19 pandemic and as a way to protect themselves against retaliation.
Can you wear a mask at a protest in Texas? Here’s what the law says.
Do you have a right to wear a mask in public at protests?
There are no Texas laws banning wearing masks in public, including at protests. There has been some discussion in the Texas Legislature to ban masks, especially after concerns about violent incidents linked to protests related to the Israel-Hamas war, but there are no laws in Texas forbidding them at protests.
“That [is a] protected activity. It’s expressive conduct, like wearing clothes, or [how] some peoples’ religion requires them to wear head or face coverings,” said TCU media law professor Chip Stewart.
Texas bills about masks
One recent proposal this past legislative session, Senate Bill 2876, would increase the criminal penalty for participating in a riot while wearing a mask or other face covering. This bill would make it a Class A misdemeanor if “if it is shown on the trial of the offense that at the time of the offense the actor was wearing a mask or other face covering with the intent to conceal the actor’s identity.”
Another, separate bill. Senate Bill 2972, would restrict protests on public university campuses. It has already passed both the House and Senate, and has been sent to Gov. Greg Abbott’s desk. Neither of the above-mentioned bills are laws.
So, it’s a good idea to check your university’s specific policy about masks at demonstrations on campus, as wearing one could lead to consequences, depending on the school’s rules. For many, wearing a mask is a necessary medical consideration.
Meanwhile, Trump wrote on Truth Social Sunday:
“MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why???”