Results: Not wearing a mask during COVID-19 health emergency isn't a free speech right, appeals court says
Published on 02/08/2024
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.
Source: https://abcnews.go.com/US/wireStory/wearing-mask-covid-19-health-emergency-isnt-free-106996423
Source: https://abcnews.go.com/US/wireStory/wearing-mask-covid-19-health-emergency-isnt-free-106996423
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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. During the pandemic, did you wear a face mask?
Always in a public place
58%
1517 votes
Only if it was required
32%
833 votes
Never
8%
219 votes
Other (please specify)
1%
31 votes
Other Answers | Percentage | Votes |
---|---|---|
0.65% | 17 | |
Everywhere it made sense to wear it. | 0.04% | 1 |
I still wear a mask indoors in public places. The pandemic isn't over and we are in the middle of a huge infection surge right now. | 0.04% | 1 |
No laws say,must wear Face Diaper | 0.04% | 1 |
I’m not American | 0.04% | 1 |
sometimes. | 0.04% | 1 |
Medical facilities | 0.04% | 1 |
occasionally | 0.04% | 1 |
I am Canadian | 0.04% | 1 |
N/A | 0.04% | 1 |
For awhile, then realized what was happening and stopped. | 0.04% | 1 |
in crowded spaces | 0.04% | 1 |
If there's a big out break,and I don't forget to . | 0.04% | 1 |
sometimes | 0.04% | 1 |
Very first month and half thats it | 0.04% | 1 |
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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. Do you agree with the court's decision that refusing to wear a mask during a public health emergency didn't amount to free speech protected by the Constitution? Yes
51%
1316 votes
No
16%
408 votes
Undecided
23%
592 votes
Not Applicable
11%
284 votes
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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." Do you personally agree that wearing a mask is similar to paying taxes or wearing a helmet? Yes
44%
1156 votes
No
29%
753 votes
Undecided
18%
462 votes
Not Applicable
9%
229 votes
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