A federal appeals court has shot down claims that there’s a First Amendment right not to wear face masks during the COVID-19 outbreak
A federal appeals court shot down claims Monday that New Jersey residents’ refusal to wear face masks at school board meetings during the COVID-19 outbreak constituted protected speech under the First Amendment.
The 3rd Circuit Court of Appeals issued a ruling in two related cases stemming from lawsuits against officials in Freehold and Cranford, New Jersey.
The suits revolved around claims that the plaintiffs were retaliated against by school boards because they refused to wear masks during public meetings. In one of the suits, the court sent the case back to a lower court for consideration. In the other, it said the plaintiff failed to show she was retaliated against.
Still, the court found that refusing to wear a mask during a public health emergency didn’t amount to free speech protected by the Constitution.
…
The court added: “Skeptics are free to — and did — voice their opposition through multiple means, but disobeying a masking requirement is not one of them. One could not, for example, refuse to pay taxes to express the belief that ‘taxes are theft.’ Nor could one refuse to wear a motorcycle helmet as a symbolic protest against a state law requiring them.”
Holy shit guys… a second plane has hit the trade towers… :O
No shit.
Yes but also, I’m glad it’s formal and on the books. I’m glad the argument was had and that cooler heads prevailed or smarter heads or whatever. I’m glad the country has taken the opportunity to clarify the often misused first amendment.
It’s a good step, even if it states the obvious and too late.
Wow, they cleared that up just in time
At this point people wearing a mask are the ones who stand out. I see maybe 3 or 4 a week.
I assume at this point they could have a cold and still have to be out in public.
I just don’t want to get sick. I get sick from catching other peoples airborne illnesses in public. I wear a mask in public to reduce that risk. It’s not that complicated.
Mask are more to protect other people from your illness. Asians got the memo long ago.
Yes, that’s why healthy doctors wear masks in hospitals full of contagious people. To protect the sick people from their health.
There were actual studies done and that kind of mask (aka “hospital masks”) are more effective at reducing transmission when worn by the person who is sick than by when worn by other people, with the best protection (naturally) achieved when both wear a mask.
(Note that doctors also use masks during surgery and when seeing immuno-compromised patients, so that theory of yours immediatly jumps out as at best incomplete even without knowing about these studies)
There are masks with a much higher protection level which are much better at personal protection (not really meant to protect others from you), such as the PF1, PF2 and so on, but that’s not what we’re talking about here.
So the previous poster was entirelly right.
Looking at the upvotes/downvotes here it’s surprising how fast people seem to have forgotten this kind of information that was circulating widelly during peak COVID pandemic times.
If it helps, they were both shot down by the District court and while their suits requested injunctive relief (which was moot shortly after filing as mandates ended), they also wanted compensation. So the only result potentially being delayed was them getting money.
What year is it?!
2020 season 5
I appreciate the attention to accuracy in your numbering
I touched it up a bit. I had a satirical series going a while back, but I stopped it around “episode 16”. maybe I’ll drop a new one here an there.
Richard Nixon… THE ACTOR?
Well, now its case law for the next time it happens. So we have that going for us.
Good news! COVID is still going strong, there’s time!
…Wait that is not good news.
This would fit in very well with a dysfunctional local government sitcom:
When Officer Alfeldi arrived and insisted that Falcone wear a mask, he responded “that he was engaged in constitutionally protected activities, including his remaining unmasked, and that he would not put on a mask unless defendant Alfeldi advised that he would be arrested for not doing so.” Id. Officer Alfeldi assured Falcone that he would not be arrested, so he remained maskless. Moments before the Board convened, Falcone “served what he believed were legal papers on each Board member.” Id. He then spoke at the podium for public citizen speakers—still maskless—and was approached by a second police officer who again directed him to wear a mask. Falcone responded by pointing out that the officer himself was unmasked.
