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.

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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.”

  • @[email protected]English
    27•11 months ago

    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.