A federal appeals court in the United States has rejected claims that refusing to wear face masks during the COVID-19 pandemic constitutes protected speech under the First Amendment of the US Constitution. The ruling, issued by the 3rd Circuit Court of Appeals, comes in response to lawsuits filed against officials in Freehold and Cranford, New Jersey, alleging retaliation by school boards against individuals who declined to wear masks during public meetings.
Legal Battle Over Mask Mandates
The court’s decision addressed two related cases involving residents who refused to comply with mask mandates at school board meetings. While one case was remanded to a lower court for further consideration, the court determined that the refusal to wear masks during a public health emergency does not qualify as constitutionally protected speech. Despite arguments from the plaintiffs, the court emphasized that skepticism towards mask mandates does not justify non-compliance with valid health and safety orders.
Rejection of Civil Disobedience Argument
Attorney Ronald Berutti, representing the appellants, announced plans to petition the US Supreme Court to review the case. However, the court’s ruling undermines the notion of mask refusal as a form of constitutional civil disobedience. The lawsuits, brought by individuals including George Falcone and Gwyneth Murray-Nolan, centered on their defiance of mask requirements at school board meetings, leading to legal consequences and allegations of retaliation.
Legal Proceedings and Arrests
Falcone and Murray-Nolan attended separate school board meetings without masks, resulting in legal actions against them. Falcone faced a trespassing charge, while Murray-Nolan was arrested for defiant trespass after attending a meeting without a mask. Lower courts ruled against them, leading to appeals and ultimately the recent appellate court decision. Attorney Eric Harrison, representing the officials named in the suits, applauded the ruling as affirming the authority of public health mandates.
Conclusion and Legislative Impact
The court’s ruling clarifies that mask mandates during public health emergencies do not infringe upon free speech rights protected by the First Amendment. While the legal battle may continue with potential Supreme Court review, the decision underscores the broader legal framework surrounding public health measures and individual responsibilities during crises. With New Jersey’s statewide mask order for schools already lifted, the ruling reflects evolving dynamics in pandemic response and the balance between public health and individual liberties.
SOURCE: Ref Image from The Hill
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