A man is arrested for wearing a black face to a protest. He is 1/8 Black and owns as well as reads every MLK book ever published. He is not known as a racist and does not advocate such views. He holds a black lives matter sign. He is not holding any sign that says he hates black people. Is a black face costume a criminal offence? No; it is not. Is a General Robert E. Lee sign a criminal offence? No; it is not. Violent, disruptive behaviour would amount to assault, mischief. But wearing black face on its own isn't an offence on its own.

A man is arrested for wearing a black face to a protest.  He is 1/8 Black and owns as well as reads every MLK book ever published.  He is not known as a racist and does not advocate such views.  He holds a black lives matter sign.  He is not  holding any sign that says he hates black people.  Is a  black face costume a criminal offence? No; it is not. Is a General Robert E. Lee sign a criminal offence?  No; it is not.  Violent, disruptive behaviour would amount to assault, mischief.  But wearing black face on its own isn't an offence on its own.