Under normal circumstances, ordinary citizens would be well within their Constitutionally protected right to free speech to dress up in any way they like that's not considered indecent (in other words, nudity), including these ultra-creepy clown costumes. But right now, considering the implicit threat contained in such a look, some people are getting into trouble simply for donning the less wholesome versions of a clown get-up. But whether it's legal for them to be locked up is questionable.

For example, in Cross County, Arkansas, the sheriff has issued a warning to residents that if they're seen wearing "bloody-faced" or "scary" clown costumes, they're going to face legal trouble for that decision. "I'm not talking about the Bozos or the Ronald McDonald clowns," Sheriff J.R. Smith said in a statement after four men were reportedly spotted wearing clown costumes in Wynne, Arkansas. "It's the evil, scary clowns who have the intent to scare and harass people." Sheriff Smith isn't the only one to take such draconian measures to protect his town from clowns, either.

Police in Middlesboro, Kentucky, arrested a man who was dressed as a clown near the woods of their town, justifying the arrest by stating that "Dressing as a clown and driving, walking or standing in public can create a dangerous situation for you and others ... While dressing up is not, in and of itself against the law, doing so in public and thereby creating an unnecessary sense of alarm is illegal."

University of Arkansas law professor Danielle D. Weatherby immediately challenged the legality such orders, telling the Democrat Gazette, "What you wear, without conduct, cannot be criminalized," and, "Someone else's subjected fear is not grounds for any arrest." Count on this to possibly cause a First Amendment tangle in the courts if it gets too carried away.

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