The Kemper County Messenger reported last week the Kemper Board of Supervisors, on the recommendation of the sheriff, unanimously passed an anti-clown ordinance making it “unlawful for any person of any age to appear in public in Kemper County in a clown costume, clown mask or clown makeup.” Violators could be fined $150. The prohibition expires the day after Halloween.
The story hit national news and appeared on the Drudge Report….
…Eugene Volokh, a professor of constitutional law at the UCLA School of Law who covers legal issues for the Washington Post, writes it “likely violates the First Amendment. Wearing costumes is constitutionally protected” by the Supreme Court which “has long protected speech engaged in for entertainment purposes as much as speech engaged in for overtly political purposes.”