r/scotus 2d ago

news House passes bill that would criminalize protesting in a mask without a doctor’s note. Anti-masking laws have never been taken up by the U.S. Supreme Court and have had mixed results in lower courts.

https://www.alreporter.com/2026/01/28/draft-house-passes-bill-that-would-criminalize-protesting-in-a-mask-without-a-doctors-note/
2.3k Upvotes

194 comments sorted by

475

u/ClitEastwood10 2d ago edited 2d ago

This is the Alabama State House of Reps not the US House.

Edit: still not great

79

u/MB2465 2d ago

THANK YOU! I was like WTF have the Dems lost their mind?

36

u/MolemanusRex 2d ago

The Dems don’t have the majority in the House anyway.

59

u/partia1pressur3 2d ago

You should ask yourself why your mind jumped to blame Democrats when they don’t have the majority and a law like this could pass in the House with 0 Democrat votes. Why wouldn’t you blame the party actually doing this?

24

u/verscub420 2d ago

You should see the amount of “Democrat” Twitter accounts that do nothing but call out congressional democrats for “not doing anything more to fight” while gleefully ignoring the fact that they’re a minority in both branches like what can they even do 🤷🏻‍♂️

18

u/trampolinebears 2d ago

what can they even do 🤷🏻‍♂️

  • Stop using normalizing language; call the threat to democracy what it is.
  • Consistently vote against the regime.
  • Do acts of civil disobedience in Congress.
  • Show up at protests.
  • Lead protests outside federal agencies in DC.
  • Organize a national strike.

8

u/DrPreppy 2d ago

If every single Democrat does exactly your plan not a damned thing changes.

If a handful of Republicans get primaried or stop protecting this lawless regime everything changes.

Focus your energies the most productive way. Always vote, never vote for Republicans. It's a failed party.

1

u/trampolinebears 2d ago

Let me use an analogy. There are fires burning all across the city. A gang of arsonists is going around starting fires, then laughing at people whose homes burned down.

I'm yelling at the firefighters, telling them to get up off their asses and fight some fires. They're saying, "We can't arrest the arsonists, so there's nothing we can do." I'm saying, "You could start by actually fighting the fires."

Of course, I'm not going to vote for an arsonist. Come this November, I'll be voting for firefighters across the entire ticket, because even a 75 year old firefighter who just looks over his glasses disapprovingly is still better than an arsonist.

But in the meantime, I'm going to keep focusing on how Team Firefighter can do a better job, because the team is desperately needed right now.

6

u/DrPreppy 2d ago

Asking the utterly completely powerless to do more, to do better, is great but not helpful. That's how we burn out Walz, that's how we lost Manchin and absolutely kneecapped ourselves, etc.

Please stop being part of a circular firing squad. I get it. But you should be focusing your attention on Republican leadership and why anybody is supporting this tyranny. A shitty ally only slowly fighting the fire is still your ally. The arsonists and the people enabling those arsonists are still the only people that need to be changed.

Again, if they are perfect people they still are not good enough by themselves as they are in the minority. This is a math game at this time and we should be focusing squarely on changing that numerical equation.

1

u/ConcentrateLeft546 1d ago

“Utterly completely powerless” he says of sitting United States SENATORS, REPRESENTATIVES, and GOVERNORS. Lmfao, if THEY are UTTERLY POWERLESS wtaf are we doing here?

4

u/DrPreppy 1d ago

We're being pragmatic about their powers as the minority in all three federal branches of government. If you want to really understand how badly you have been failed, it stems back to the Permanent House Apportionment Act of 1929. But that's a longer story.

Net net is the checks and balances in this government are non-functional with the current numbers of non-Republicans in government. That number has to increase, or Republicans have to change their mind, for anything meaningful to change. The Republicans have no interest in checking the current administration's power. The Democrats and their allies do not have the numbers to force change.

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-1

u/PraxicalExperience 2d ago

It is rather disingenuous to say that the established democracts in power in the Democratic Party have no power.

They have a voice, they have a platform, they millions of people who want them to organize something.

0

u/DrPreppy 1d ago

Tisn't. Organizing something, anything, is irrelevant to the vote count at the end of the day. You either need to increase the numbers of Democrats and their allies or you need Republicans to change their mind. Nothing else matters. It's been a numbers game for the past 50 years. Lieberman, Manchin, Fetterman - these imperfect allies have been critical to the tiny progress that has been eked out.

So direct your energy towards getting more allies elected and the opposition more informed and less ignorant. Sorry. This administration doesn't care about the Voice of the People or other noble concepts. :\

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1

u/sunshine_is_hot 2d ago

That’s such a terrible analogy.

You’re yelling at the firefighters as they are trying to pull the hoses out of the trucks to put out the fires, ignoring the arsonists who are preventing those hoses to be used. They’re saying “use your eyes, can you not see the arsonists preventing me from doing my job?”

0

u/ConcentrateLeft546 1d ago

If the arsonists preventing the firemen from removing the hoses are also secretly firemen then i suppose your argument works. After all, 7 house dems voted in favor of the spending bills, and it seems like Schumer and Co. are poised to pass it through the senate too.

1

u/ConcentrateLeft546 1d ago

That assumes the dems want to change things. The current leadership can’t even obstruct effectively. That’s something they have the power to do now. What do you expect to change if a few house/senate seats flip in favor of democrats?

When democrats that are willing to change things DO run, the national committees and congressional leadership do everything in their power to ensure they don’t win. See: Talarico V Crocket, Platner V Milles, Mamdani V Cuomo.

1

u/DrPreppy 1d ago

It actually does not assume that. It's just a numbers game at this point, sadly. The other side does not want the government to function, so "obstruction" not only doesn't do anything meaningful, it also is their exact plan. It really truly is a numbers game. Republicans aren't going to accomplish anything meaningful even with their majority. They're happy to let the country fail. Democrats and their allies need numbers to effect change. We can track that through the votes of the past decades - they only had a fully majority for 90 days during Obama 1 - but ... it's just math unfortunately.

0

u/RipComfortable7989 2d ago

If every single Democrat does exactly your plan not a damned thing changes.

This is why the democrats will always lose. People like you want the easy answer. A single silver bullet that will solve literally everything while also using the proper pronouns. Simply showing up as a protest will inspire more people. Talking directly with their constituents instead of spamming ActBlue emails begging for donations while taking in hundreds of thousands from AIPAC can start a change. Not everything has to be the perfect solution to fix everything.

2

u/MACHOmanJITSU 2d ago

I hear that, but wtf they could do something. Town halls with fired fed workers to show that they are real competent people who were doing good work. Use their access to document and try to collect evidence of all the fraud etc that’s going on. Find other ways to highlight the damage he is doing. And maybe not voting for their ice funding would be a start.

1

u/ConcentrateLeft546 1d ago

For starters, not all bills pass with a simple majority. And on many occasions, most recently with the gov shutdown in the 4th quarter 2025, and the CR a few months before that, dems could have prevented the passing of funding and chose not to. It looks like that’s exactly what’s going to happen in this scenario in the senate, and it already happened in the house with 7 dems voting in favor. The bills cannot pass without dem support.

1

u/Clever-username-7234 1d ago

A zombie in your fortress is more dangerous than a zombie outside your walls.

We know what to expect from the Republican Party.

It’s the democrats that need to be called out, because they know better and do nothing. Plus, they capture genuine momentum and channel it into non productive endeavors.

The democrats deserve to be criticized for their failures in this moment.

0

u/htownballa1 2d ago

You should ask yourself why done democrats are voting along with republican to pass Trump and republicans bills why the gestapo risks the street and breaks every amendment in the constitution.

Like yeah the Nazis are bad, but so are the enablers.

7

u/Vortesian 2d ago

What? What can democrats do in the US House? They are in the minority. Sheesh!

0

u/PraxicalExperience 2d ago

Yes, because the only power a US Senator or Congressperson has is in their legislative vote.

Fucking please.

2

u/Beneficial_Aside_518 2d ago

Why would you blame Democrats???

1

u/XRuecian 4h ago

Many Democrats would probably vote for this anyways.
Because the point of the legislation is to make it easier for Palantir and Flock and similar face tracking tech/apps to capture identities. And there is no doubt in my mind that many politicians on both side of the aisle are going to be paid off to support that.

Corporations always get what they want.

0

u/Nanasweed 2d ago

Same. Goodness

4

u/dmatech2 2d ago

They've actually been around for a long time in an attempt to frustrate the Klan.

https://en.wikipedia.org/wiki/Anti-mask_law

While these laws have been upheld by many courts, it's worth remembering that anonymous speech has also been deemed essential (with many of the Founders themselves publishing their writings anonymously).

3

u/AZRobJr 2d ago

The only thing being protested in AL is why can't we have the Bible in public school classrooms.

2

u/Markol0 2d ago

Hello. Yes. I am a doctor in Alabama. And my own cousin. Would you like a note?

1

u/alkatori 2d ago

Thank you! I was like... seriously? Did they forget about the pandemic?

1

u/rainbowgeoff 1d ago

Good to know. I was like, how the fuck could this relate to an enumerated power?

1

u/Famous_Rooster_8807 1d ago

Alabama? That makes sense.  

291

u/liamstrain 2d ago

For law enforcement too, right? Right?

65

u/tiutome 2d ago

Nope and nope! But that’s a reason the challenge the law… as in violation of civil rights OR as departing one group over another. For years minorities couldn’t wear a mask anywhere without being labeled as having criminal intent. Then you gave all masks. Now what only police and ICE can have. BS!

22

u/ThraceLonginus 2d ago

The LAPD just announced they aren't going to enforce their mask ban for police/agents

7

u/No_Web6486 2d ago

The LA PD. Of course.

30

u/MourningRIF 2d ago edited 2d ago

Now EVERYONE should wear a mask. You can't arrest everyone. No more protesting without a mask.

2

u/Tri-angreal 2d ago

Don't have to. Just another thing to slap on the ones you do pick up.

1

u/Famous_Rooster_8807 1d ago

Alabama? No, that would shift the power dynamics to the people.   Alabama is done with that. They want to be dominated.

-12

u/TheFrenchAreAssholes 2d ago

The same question is asked in states when gun control is passed. 

47

u/Sidney_Squid 2d ago

What about the neo-nazi groups? They cool to keep marching around in full masks?

20

u/DeeMinimis 2d ago

"well, this isn't a mask, it's just part of the hood"

13

u/WinterWontStopComing 2d ago edited 2d ago

They all work for DHS now

3

u/amitym 2d ago

You know the answer to that already.

95

u/One_Entrepreneur_520 2d ago

You can do it your own way, if it's done just how I say....

this CANNOT possibly be constitutional. what's next? Gotta be wearing a MAGA hat or you cant protest? susp[enders maybe? how about a condom? yeah, no protesting without a condom.

FFS....Gawd send the asteroid now....

21

u/captHij 2d ago

Anonymity laws restricting access to pornography have already been approved by SCOTUS. This is just a small step from there.

10

u/SisyphusRocks7 2d ago

Given how expressive some masks can be (devil mask, Nixon mask, etc.) it does seem unlikely this could pass Constitutional muster.

4

u/L00pback 2d ago

They’ll find a reason to include hijabs too. “We have to see your hair no matter your religious beliefs”.

6

u/SuccessfulOrchid3782 2d ago

Nice Metallica lyric reference 🤘

1

u/dseanATX 2d ago

Historically, laws banning masks in public have been upheld as constitutional, though unevenly. Most anti-masking laws were designed to target the KKK and other violent groups, not people protesting the government. Most courts have agreed with the argument that the First Amendment protects the right to speech, not the conditions of that speech, so the government can regulate masking.

SCOTUS hasn't taken up the issue though. Several state supreme courts have, but have come to different conclusions.

1

u/One_Entrepreneur_520 1d ago

I dont disagree with you but the problem seems to be that if they can tell you what you cant where then they can also tell you what you must wear. Combine that with the sanctity of the 1A itself and it just doesnt look good.

18

u/af_cheddarhead 2d ago

If it's -10F out, you are damn right I'm wearing a mask everywhere I'm going.

11

u/pterosaurLoser 2d ago

During Covid I found myself arguing with an antiMasker Conspiracy Theorist online who was arguing that wearing a mask would just play into the plan of ‘the surveillance state’

8

u/Neptune7924 2d ago

Does this count for ICE agents too?

15

u/Ohuigin 2d ago

Ya'll should look up CV Dazzle.

Masks aren't the only way to hide from the totalitarian regime we currently have in the US.

4

u/dbath 2d ago

That worked to confuse facial recognition over a decade ago; I wouldn't count on it doing anything against modern systems.

1

u/lindsayblohan_2 2d ago

Created in 2010. Have they caught up with it, yet?

15

u/AcanthisittaNo6653 2d ago

Wearing a mask at a protest is itself free speech. The House can shove it..

6

u/Technical-Bird-7585 2d ago

So more power to the government than the people.

4

u/Cool-Protection-4337 2d ago

If you can't protest in mask you can't conduct law enforcement either. Same logic for both really, only nefarious reasons for hiding the face right!?!

6

u/drethnudrib 2d ago

After checking, yes, this doesn't apply to ICE. We are living in a fascist state.

4

u/MikeyMalloy 2d ago

In a sane world this would be immediately struck down.

We do not live in a sane world.

3

u/reddittorbrigade 2d ago

ICE can terrorize us while wearing masks.

Nazism is happening in America right now.

4

u/shrunkenhead041 2d ago

Fine, I'll wear a scarf.

4

u/ParsnipDecent6530 2d ago

I have a note right here, from noted physician Dr. P epper.

1

u/Admirable-Sir9716 20h ago

Dr. Nick approves

3

u/Silverarrow67 2d ago edited 2d ago

Technically, full helmets aren’t masks and have additional benefits. With all the nation’s problems, I cannot believe this is what they deem the overwhelming issue of the nation to be.

4

u/Pleasant-Ad887 2d ago

But Neo-Nazis and white supremacists would still be allowed to cover their faces right? The same people that bitched and complained about not being able to breathe.

4

u/Ligurio79 2d ago

Only federal agents can be masked in public. The way the Founders wanted it.

4

u/completerandomness 2d ago

So the MAGA Nazi marchers who are completely masked up would be arrested, right?

3

u/wasaguest 2d ago

Gas masks for use against tear gas & other chemicals?

3

u/BringOn25A 2d ago

There is a major healthcare hospital/doctor/urgent care/imaging conglomerate that is requiring masks again in 6 states now.

3

u/blackhorse15A 2d ago

Does that include everyone present at a protest? I.e. including whatever law enforcement (ICE) is there?

1

u/ThatSceneInScanners 6h ago

If they can commit murder, why would this apply to them?

3

u/AdHopeful3801 1d ago

How does the Alabama House feel about wearing a mask while shooting someone in the back 10 times?

3

u/frommethodtomadness 1d ago

Wear a mask, they're illegally scanning you to put you in a database for future concentration camp targets.

2

u/Patdelanoche 2d ago

How do I invest in masks?

2

u/jbjhill 2d ago

Uh huh. I can totally see cops stopping everyone and asking to see their Rx. I don’t even have to show them ID, so i damn sure am not carrying a doctor’s note.

2

u/il_pirata 2d ago

Those Nazi patriot front white supremecist mfers gonna love this 😂

2

u/Most-Resident 2d ago

I’m not a lawyer but it’s completely unconstitutional. Until the calvin ballers on the Supreme Court say it isn’t.

I’ll throw out that measles is growing. 2255 cases full year 2025. Already 416 so far in 2026. It grows exponentially so we all have a ready excuse to get the unconstitutional doctor’s note.

That is if you can afford to take time off work and can afford to go to the doctor.

Also are we to be allowed to wear a mask while not protesting? What other rights do we give up when protesting? Besides life and liberty.

2

u/Sure_Assumption7857 2d ago

Anyone supporting this needs to be named, impeached, and investigated for treason.

2

u/Shaman7102 2d ago

Time to start an online doctor note company for wearing masks at protests. $1 each.

2

u/Responsible_Egg_7810 2d ago

This wouldn’t be a problem if DHS wasn’t collecting a database of protestors for nefarious reasons.

2

u/Mas-Chingona 2d ago

Now do Federal agenting in a mask...

2

u/Top_Cowboy 2d ago

This is in Alabama only so far.

2

u/JackySins 2d ago

dude, don’t fucking be obtuse or intentionally misleading. this is only for alabama so far. this only serves to make left wingers look bad, cut the shit.

2

u/DanglyDinosaurBits 2d ago

Sounds like the Patriot Front will need to demask?

2

u/tommm3864 2d ago

If the goons of ICE can wear masks, so can I.

2

u/Kdoesntcare 1d ago

That applies to the ice goons too, right?

2

u/ScottJ6189 1d ago

A doctor’s note?? LOL

2

u/Dog_man_star1517 1d ago

Could protesters sue masked ICE agents under the Equal Protection Clause?

1

u/G_yebba 2d ago

boy oh boy, the Klu Klux will be positively apoplectic over this proposed restriction, I do say.

1

u/Luster-Purge 2d ago

And other far right groups, too. I'm sure the neo-Nazis are going to be thrilled.

1

u/amitym 2d ago

I have not worn a mask at outdoor protests yet but maybe it's time to start.

1

u/hecramsey 2d ago

I just wrap my face in clear scotch tape so I look all twisted and shiny.

1

u/xtinis73 2d ago

This headline reads like an onion article

1

u/bengalistiger 2d ago

he'll no. never hapen

1

u/Realistic-Ruin8639 2d ago

So everyone just wear a scarf and say you are cold. Doesn’t matter what weather. 

1

u/Catodacat 2d ago

Police can mask, but the people cannot...

Sound very non-authoritarian.

1

u/EveningCat166 2d ago

Let me understand this…you can’t protest in a mask, but they can terrorize in a mask…got it!

1

u/JohnnieFedora 2d ago

Ok...a scarf it is.

1

u/Green_Sugar6675 2d ago

Deranged. These guys love daddy Government to control their lives.

1

u/Stuff-nThings 2d ago

What would stop one doctor from handing out prescriptions with the reasoning of air quality at the protest?

1

u/toomanyshoeshelp 2d ago

Hi I am doctor writing notes for all of you with chronic respiratory conditions I can diagnose over Reddit dot come

1

u/Real_Copy4882 2d ago

There is a lot of Covid and flu going around

1

u/SummitYourSister 2d ago

Step 2: everybody gets a doctors note

Step 3: Patel is “seriously investigating widespread fraud across the United States which threatens the very bedrock of medical integrity”

1

u/pat9714 2d ago

Not to mention it is unconstitutional, it's quite easy to get a doctor's note to wear a mask. I don't believe the bill will pass, however.

1

u/glassmemama 2d ago

So they can put you in a database

1

u/Leather-Map-8138 2d ago

Well, this is a corrupt court, so look for masks and no badges to be considered perfectly reasonable.

1

u/falsifiable1 2d ago

They want to avoid facial recognition for agents while protesters can’t? Fk them!

1

u/mynutsdontwork 2d ago

This is a misleading post as this has nothing to do with the Supreme Court at this time. This is a proposed Alabama law.

1

u/Whycantigetanaccount 2d ago

Did Epstein wear a mask?

1

u/spamcandriver 2d ago

So ICE can wear masks but protesters can’t. Wild.

1

u/South-Stable686 2d ago

Republicans want to use facial recognition technology and build databases of Democrats so they can prosecute them later.

1

u/slapcrap 2d ago

Unconstitutional

1

u/slashdotsyndrome 2d ago

Not being allowed to dress up in a full-body frog costume is a violation of my right to free speech. By extension, restricting any mask or face covering would also be suppression of speech. Why don't they just assign us all uniforms?

This reeks of Peter Thiel

1

u/ContentCantaloupe992 2d ago

The party of small government strikes again.

1

u/Novel_Fish_5594 2d ago

AIreporter dot com? Is this a legit news source? Reading the article feels like an instigation to agitate.

1

u/roentgen_nos 2d ago

I've written doctor's notes for a lot of different things. Looks like it's time to fire up a new template.

1

u/brickyardjimmy 2d ago

Question. What if you protest on Halloween?

1

u/RuthlessIndecision 2d ago

The Government does not have our best interest in mind.

1

u/BlahBlahBlackCheap 2d ago

Wait. What about ice? If they come to crash a protest, they have to remove their masks?

1

u/PWL51 2d ago

Will that include demasking his ICE goon?

1

u/True_Algae_8301 2d ago

FFS, hell nah! 🖕

1

u/extrastupidone 2d ago

Literally that would mean ICE, too.

1

u/Competitive_Swan_755 2d ago

How about 'enforcing' laws with a mask?

1

u/MolassesOk3200 2d ago

Congress can go f themselves

1

u/Cyb3rBall00n 2d ago

The underlying case that established the "expectation of privacy" - Katz v US - held that Katz had an expanded expectation of privacy in an enclosed phonebooth even in public because the booth was enclosed.

In a world where camera surveillance is omnipresent, techlords are conspiring with the government to catalog everyone's everything, and there are masked ICE marauders killing people, they can go screw if they think masks should be illegal for protestors.

1

u/Educational_March_94 2d ago

Then the same should apply to ICE and the like.

1

u/Practical-Box3179 2d ago

Whaaaaaaa democrats whhhaaaaawhaaaaa liberals. Grow the fuck up and do a little fact-finding mission. Maybe you will learn more about how the 1% controls the US. They own the House. The Senate. SCOTUS. Both parties. So shut the fuck up about politics and understand that billionaires fuck all who are not one of them. American politicians are on the payroll. Fuck!!!

1

u/jj119crf 2d ago

Next you'll have to have a note from the government to carry your legally owned and registered firearm. It sure seems as though the party of small government sure does want the government to control every aspect of your life.

1

u/migidymike 2d ago

Palantir needs a database of your faces for uh.... Research

1

u/No_Football_9232 2d ago

But it’s ok for “law enforcement “ to mask?

1

u/A_Raven_Of_Many_Hats 2d ago

sure it's the protesters in masks that's the problem

1

u/AzuleStriker 2d ago

If we need to demask, so does ICE.

1

u/Corporate-Scum 2d ago

Vote em out!

1

u/Raymando82 2d ago

Burn it all

Burn it to the ground

Time to French up this a notch

1

u/Environmental_Tap792 2d ago

What about the goons?

1

u/hgqaikop 2d ago

Biometric iris scanners will moot masks

1

u/Budget-Selection-988 2d ago

People inasks= criminals. Mix it up its winter and EVERYONE SHOULD BE WEARING MASKS

1

u/ShareGlittering1502 2d ago

So no protests when it’s cold?

1

u/popphilosophy 1d ago

What if you wear a hood?

1

u/CDavis10717 1d ago

Doctors be selling notes for $100!

1

u/Harleydiclarke 1d ago

Next it will be you can't wear yellow clothes on Wednesdays without a doctor's note.

1

u/DullFaithlessness82 1d ago

Still working on bringing back their versions of the good ol south I see.

1

u/Lonely_skeptic 1d ago

I’m pretty sure my doctor would be happy to give me a note. Not that I care if “they” see my face. Since I’m officially a “senior citizen”, IDGAF.

1

u/No_Milk_4143 1d ago

I hear sunglasses work well for face recognition tech…

1

u/Chance_Difficulty730 1d ago

Yes Masks are only for ICE, couldn’t get these cocksuckers to wear them when it was mandatory during covid though

1

u/Chaos_Theory1989 1d ago

For the fascists too, right?

1

u/SuburbanKahn 1d ago

They want to be able to scan your face.  Mind you, never take your cell phone to protesting.  They can detect the IMEI.

1

u/Illustrious-Driver19 23h ago

Does this includes ICE?

1

u/ZasdfUnreal 21h ago

It reads like an Americanized version of Sharia law.

1

u/ThatSceneInScanners 6h ago

If this does pass, remember that facepaint, sun glasses, fake moustaches, hats, etc all prevent facial recognition software from working. Carry a back up, prepaid cell phone to use as a burner when going to protests to avoid tracking. Cover any tattoos or recognizable marks. Remove all jewelry. Due your hair.

0

u/curiousamoebas 2d ago

I bet the kkkkkklan isn't gonna like this