State v. Miller

I agree with the majority that the Anti-Mask Act may be construed to be constitutionally permissible. I disagree, however, that this court is authorized to construe the act to impose criminal liability where the mask-wearer merely knows or reasonably should know that his conduct (in wearing a mask intended to conceal his identity) will give rise to a reasonable apprehension of intimidation, threats, or impending violence. Criminal liability should be imposed only where he *677intends to intimidate or to threaten or to create an environment for impending violence.

It is a long-standing rule that…