Author Topic: Not wearing a mask during COVID-19 health emergency isn’t a free speech right...  (Read 163 times)

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Offline enslaved1

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Not wearing a mask during COVID-19 health emergency isn’t a free speech right, appeals court says

TRENTON, N.J. -- 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.

“A question shadowing suits such as these is whether there is a First Amendment right to refuse to wear a protective mask as required by valid health and safety orders put in place during a recognized public health emergency. Like all courts to address this issue, we conclude there is not,” the court said.

Another tool in the authoritarian kit.  It would be nice if we just let common sense and personal responsibilities handle these kinds of debates (masking or not, mandates from government or businesses) instead of setting legal precedents that will be abused at some point. 
Romans 6:17-18 But thanks be to God, that you who were once slaves of sin have become obedient from the heart to the standard of teaching to which you were committed, and, having been set free from sin, have become slaves of righteousness.

Offline Ptarmigan

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They act like it is still 2020 or 2021.
Never interrupt your enemy when he is making a mistake.
-Napoleon Bonaparte

Allow enemies their space to hate; they will destroy themselves in the process.
-Lisa Du