Not wearing a mask during COVID-19 health emergency isn’t a free speech right, appeals court says
Not wearing a mask during COVID-19 health emergency isn’t a free speech right, appeals court says
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 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.”
Wow, they cleared that up just in time
Good news! COVID is still going strong, there's time!
...Wait that is not good news.
What year is it?!
2020 - S05E38 - No Mask, No Rights
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. - TV-MA, 59 mins
SD, SHD, UHD, Dolby Vision; Dolby Stereo, Dolby Surround, Dolby Atmos
Well, now its case law for the next time it happens. So we have that going for us.
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.
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.
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.
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.
Holy shit guys... a second plane has hit the trade towers... :O
