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Culture War Roundup for the week of May 13, 2024

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My favorite story of the day is an intersection of old Covid drama, current protest drama, and a healthy dose of TheMediaRarelyLiestm. Per the news headlines, NC Senate votes to ban people from wearing masks in public for health reasons:

The North Carolina Senate voted along party lines Wednesday to ban anyone from wearing masks in public for health reasons, following an emotional debate about the wisdom of the proposal.

Republican supporters of the ban said it would help police crack down on protesters who wear masks — which some lawmakers called a growing concern, saying demonstrators are abusing Covid-19 pandemic-era norms to wear masks that hide their identities.

Now, I will certainly admit to having a great deal of contempt for people that are still wearing masks and having immediately experienced some schadenfreude, but as someone that just doesn't really trust the media to rarely lie, I thought I had better go check what the bill actually says. As it turns out, what the bill does is strikethrough a temporary exemption that had been added as a Covid-era protection:

SECTION 1.(a) G.S. 14-12.11 reads as rewritten: 19 "§ 14-12.11. Exemptions from provisions of Article. 20 (a) Any of the following are exempted from the provisions of G.S. 14-12.7, 14-12.8, 21 14-12.9, 14-12.10 and 14-12.14: 22 (1) Any person or persons wearing traditional holiday costumes in season. 23

(2) Any person or persons engaged in trades and employment where a mask is 24 worn for the purpose of ensuring the physical safety of the wearer, or because 25 of the nature of the occupation, trade or profession. 26

(3) Any person or persons using masks in theatrical productions including use in 27 Mardi Gras celebrations and masquerade balls. 28

(4) Persons wearing gas masks prescribed in civil defense drills and exercises or 29 emergencies. 30

(5) Any person or persons, as members or members elect of a society, order or 31 organization, engaged in any parade, ritual, initiation, ceremony, celebration 32 or requirement of such society, order or organization, and wearing or using 33 any manner of costume, paraphernalia, disguise, facial makeup, hood, 34 General Assembly Of North Carolina Session 2023 Page 2 House Bill 237-Fourth Edition implement or device, whether the identity of such person or persons is 1 concealed or not, on any public or private street, road, way or property, or in 2 any public or private building, provided permission shall have been first 3 obtained therefor by a representative of such society, order or organization 4 from the governing body of the municipality in which the same takes place, 5 or, if not in a municipality, from the board of county commissioners of the 6 county in which the same takes place. 7

(6) Any person wearing a mask for the purpose of ensuring the physical health or 8 safety of the wearer or others.

The strikethrough in the quote is the only exemption eliminated by the change. The actual text of the criminal statute 14-12.7 is:

§ 14‑12.7. Wearing of masks, hoods, etc., on public ways. No person or persons at least 16 years of age shall, while wearing any mask, hood or device whereby the person, face or voice is disguised so as to conceal the identity of the wearer, enter, be or appear upon any lane, walkway, alley, street, road, highway or other public way in this State. (1953, c. 1193, s. 6; 1983, c. 175, ss. 1, 10; c. 720, s. 4.)

The other sections say essentially the same thing, but for a few other contexts. The core of these is that it's illegal to use a mask to conceal the identity of a wearer in public places. The Covid-era text was being used as a way for people to conceal their identities and use the health carveout as a shield against the plain meaning of the law by playing the Taylor Lorenz card. In contrast, no, little old ladies going to medical appointments scared out of their minds and wearing N-95s aren't going to be stopped by police, because they're obviously not attempting to conceal their identity at health clinic.

One might be inclined to explore whether this is one of those rare media lies or whether they didn't quite technically lie, but I don't personally find that a terribly interesting game to play. Instead, I think the interesting thing to consider is why Democrats are so strongly opposed to this. I can see a few options, none of which are mutually exclusive. In roughly ascending order of badness:

  • They simply don't understand the law despite the plain text reading that indicates that the exemptions are only relevant in the case one that has actually violated the criminal statute in the first place. In being so confused, they think eliminating the exemptions really is banning people from wearing masks.

  • Distrust for Republicans runs so deep that despite the text being clear and obvious, they think that villainous right-leaning prosecutors will start filing charges against people that have done nothing other than go to their chemotherapy appointment with a mask on.

  • They don't really think there's anything wrong with the reversion, but they see it as a good opportunity to call Republicans fascist grandma-killers.

  • Support for protestors concealing their identity while behaving badly actually does run strong with some on the left and they see keeping the easy loophole of everyone just being able to claim it's for their health as a very good and important thing to do.

To me, these all make my opponents sound very bad! I don't think they're actually uncharitable though and suspect that some would just outright articulate the second and fourth options above as their rationale. For my part, I'll pre-register my prediction that the statute will only be used against people that are actually committing crimes, not against random mask enthusiasts that are otherwise doing nothing wrong. If I turn out to be wrong, it's time for some introspection.

Would you still find the fourth point bad if the resulting mask-off mandate were primarily used against your tribe - say, retroactive dragnet identification of the Jan 6th protesters from photos, or police demanding that any future garden-variety right-wing protester unmask while being fully aware that the leftists are already standing by with cameras to feed a well-oiled machine of crowdsourced doxxers ready to send form letters to his bank and employer?

This sort of thing has been a long-standing concern of lefties dating back to when they had a more credible claim that institutional power is aligned against them. The way I see it, the right wing, in its knee-jerk opposition to masks and affinity towards police powers, is interrupting the left in the midst of making a rare mistake borne of their denial that they are in charge. The train of a sympathetic police getting to use this to unmask and prosecute someone like BLM rioters has long left.

Sure, selective enforcement is a concerning aspect of any potential criminal law, but this is also a fully general complaint. I don't want to protect right-wing rioters or left-wing rioters as a matter of principle though - it's the rioting I object to, not the political positioning of the rioters.

I don't think the complaint is fully general with respect to measures that help with policing. Police are already capable of physically arresting people in the midst of rioting or other illegal acts (at the cost of public scrutiny), regardless of whether they are masked. Forcing everyone to be unmasked during protests will help police prosecuting illegal and broadly disliked acts a little, in those cases where they are too overwhelmed to catch individuals in flagranti; it will help them a bit more in situations where they want to avoid public scrutiny, so rather than visibly arresting people for political crimes they can quietly come after them later; and it helps with extrajudicial punishment such as cancellation and debanking, where the punishers have no right to perform a physical arrest, a lot.

In concrete terms, for example, I would have been quite happy to turn up to a masked protest against excessive COVID measures (not that such a deliciously ironic event was on offer anywhere I lived). I would not go to one if I were compelled to show my face, since I'm in a line of work where an easily identifiable photo in that context could be career-ending.