Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Not wearing a mask during COVID-19 health emergency isn’t a free speech right, appeals court says
abcnews.go ^ | 02/06/2024 | MIKE CATALINI

Posted on 02/07/2024 9:03:20 AM PST by ChicagoConservative27

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.

(Excerpt) Read more at abcnews.go.com ...


TOPICS:
KEYWORDS: covid19; free; lockdown; mask; masks; newjersey; speech
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-76 next last
What a crock
1 posted on 02/07/2024 9:03:20 AM PST by ChicagoConservative27
[ Post Reply | Private Reply | View Replies]

To: ChicagoConservative27

But burning an American flag is.

How about we burn all those stupid masks?


2 posted on 02/07/2024 9:06:11 AM PST by FamiliarFace (I got my own way of livin' But everything gets done With a southern accent Where I come from. TPetty)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

COVID and the “lockdown” was a political action.
The mask manufacturer certifies that the mask is useless against viruses.
Refusing to wear the mask is a political statement.


3 posted on 02/07/2024 9:06:15 AM PST by ClearCase_guy
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

So if the government lies to force compliance we have to be sheep and follow orders, there is no recourse.


4 posted on 02/07/2024 9:09:08 AM PST by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
[ Post Reply | Private Reply | To 1 | View Replies]

That is a bad example of when not wearing a face mask can be considered free speech.


5 posted on 02/07/2024 9:09:10 AM PST by TakebackGOP
[ Post Reply | Private Reply | To 3 | View Replies]

To: ChicagoConservative27

Our courts are a joke.


6 posted on 02/07/2024 9:09:21 AM PST by hillarys cankles
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

Never mind the fact that the damn things don’t even work for the intended purpose.

I’m old enough to remember when
wearing sunglasses in banks was strongly discouraged much less a freakin’ face covering.

covid masks are the greatest thing to come along for criminals since the Saturday night special.


7 posted on 02/07/2024 9:09:58 AM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

It’s insanity.


8 posted on 02/07/2024 9:10:42 AM PST by No name given (Anonymous is who you’ll know me as)
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?
.
9 posted on 02/07/2024 9:11:26 AM PST by Cletus.D.Yokel (When I say "We" I speak of, -not for-, "We the People")
[ Post Reply | Private Reply | To 4 | View Replies]

To: FamiliarFace

I agree with the burning masks part. But let’s substitute alphabet flags and muzzy flags for American flags 🇺🇸.


10 posted on 02/07/2024 9:11:32 AM PST by No name given (Anonymous is who you’ll know me as)
[ Post Reply | Private Reply | To 2 | View Replies]

To: ClearCase_guy

Years of rat judicial appointments have all but destroyed the courts along with everything else.


11 posted on 02/07/2024 9:12:35 AM PST by gibsonguy
[ Post Reply | Private Reply | To 3 | View Replies]

To: Cletus.D.Yokel

12 posted on 02/07/2024 9:15:52 AM PST by C210N (Mundus vult decipi, ergo decipiatur.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: ChicagoConservative27
I don’t own a mask.


13 posted on 02/07/2024 9:16:16 AM PST by Allegra (Less propaganda would be appreciated. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

“What a crock”

Not completely. As long as the wearer is a health risk, and the mask will deter cough or sneeze projectiles which we know occur, it is a health issue and not the right to free speech. Considering it as a free speech issue places it into a personal choice, ill or not, no matter what the determination.

You can say what you want within reason and you are covered by the first for speech. But taking an action to express your disagreement with the government by placing others into a health hazzard is not within that freedom. Freedom of speech is a very broad determined area of freedoms. But they do not allow placing people in harm’s way to exercise.

This is court backed:

In Jacobson v. Massachusetts, the Court upheld a Massachusetts law allowing local public health officials to require vaccination against smallpox. While the petitioner in Jacobson argued that the compulsory vaccination law infringed upon his right to care for his own body and health in such way as to him seems best, the Court explained that the state’s interest in protecting communities against the spread of disease was of paramount necessity.

https://constitution.congress.gov/browse/essay/amdt14-S1-6-5-1/ALDE_00000903/#:~:text=State.%20)%3B%20id.-,at%20331%20(Stevens%2C%20J.%2C%20dissenting)%20(%20%5B,of%20the%20Fourteenth%20Amendment.%20).

wy69


14 posted on 02/07/2024 9:19:58 AM PST by whitney69 (yption tunnels)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

“What a crock”

Not completely. As long as the wearer is a health risk, and the mask will deter cough or sneeze projectiles which we know occur, it is a health issue and not the right to free speech. Considering it as a free speech issue places it into a personal choice, ill or not, no matter what the determination.

You can say what you want within reason and you are covered by the first for speech. But taking an action to express your disagreement with the government by placing others into a health hazzard is not within that freedom. Freedom of speech is a very broad determined area of freedoms. But they do not allow placing people in harm’s way to exercise.

This is court backed:

In Jacobson v. Massachusetts, the Court upheld a Massachusetts law allowing local public health officials to require vaccination against smallpox. While the petitioner in Jacobson argued that the compulsory vaccination law infringed upon his right to care for his own body and health in such way as to him seems best, the Court explained that the state’s interest in protecting communities against the spread of disease was of paramount necessity.

https://constitution.congress.gov/browse/essay/amdt14-S1-6-5-1/ALDE_00000903/#:~:text=State.%20)%3B%20id.-,at%20331%20(Stevens%2C%20J.%2C%20dissenting)%20(%20%5B,of%20the%20Fourteenth%20Amendment.%20).

wy69


15 posted on 02/07/2024 9:19:58 AM PST by whitney69 (yption tunnels)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

I think stripping off clothes is considered free “speech?”


16 posted on 02/07/2024 9:20:55 AM PST by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts pt know hoto-op locations.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

When I wore one under force, it either read This mask is a useless as my governor or was a fake mask made of mesh.


17 posted on 02/07/2024 9:21:03 AM PST by cyclotic (Don’t be part of the problem. Be the entire problem)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChicagoConservative27

Mandatory masks are not different than Hitler requiring Jews to wear a yellow star.


18 posted on 02/07/2024 9:21:22 AM PST by circlecity
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

Yes there is.


19 posted on 02/07/2024 9:21:56 AM PST by Bulwyf
[ Post Reply | Private Reply | To 4 | View Replies]

To: PghBaldy

https://www.thefire.org/news/nude-dancing-and-first-amendment-overview


20 posted on 02/07/2024 9:23:21 AM PST by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts pt know hoto-op locations.)
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-76 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson