A federal appeals court ruled that the First Amendment does not protect people from New Jersey who refused to wear face masks at school board meetings during the COVID-19 outbreak.
George Falcone and Gwyneth Murray-Nolan sued the Freehold and Cranford authorities in two related instances, which the 3rd Circuit Court of Appeals decided on Monday, per Fox News. These cases claimed school boards retaliated against plaintiffs for refusing to wear masks during public meetings. One case was returned to a lower court, while the other held that the plaintiff failed to prove retaliation.
Not Wearing a Mask During Pandemic is Not Part of Free Speech
The court emphasized that refusing to wear a mask during a public health emergency is not free speech. The court agreed with previous courts that there is no First Amendment right to oppose obligatory mask-wearing amid a public health emergency.
The appeals court underscored that skeptics can express their opposition through various means, but disobeying a mask mandate is not one of them. Drawing analogies, it stated that just as one cannot refuse to pay taxes to express the belief that 'taxes are theft,' nor can one refuse to wear a motorcycle helmet as a symbolic protest against a state law requiring them.
(Photo : JIM WATSON/AFP via Getty Images)US President Joe Biden looks on prior to presenting the Medal of Honor to former US Army Captain Larry Taylor, in the East Room of the White House in Washington, DC, on September 5, 2023.
In response to the ruling, Ronald Berutti, an attorney for the appellants, announced their intention to petition the US Supreme Court to hear the case.
One of the litigants, George Falcone, attended a Freehold Township school board meeting in early 2022 when masks were still mandatory in New Jersey. Refusing to comply with the mask mandate, he received a summons on a trespassing charge. Falcone also alleges that a subsequent school board meeting was canceled in response to his non-compliance. His initial lawsuit was deemed lacking in standing by a lower court, leading to his appeal.
Similarly, Gwyneth Murray-Nolan attended a Cranford school board meeting without a mask in early 2022, when mask requirements were still in force. Less than a month later, at the board's subsequent meeting, she was arrested on a defiant trespass charge for attending without a mask. A lower court determined that the police had probable cause to arrest her due to her non-compliance with the mask mandate, prompting her appeal.
Court Decision Lauded
Eric Harrison, legal counsel for the individuals implicated in the lawsuit, expressed approval for the verdict on Tuesday. In a written statement sent via email, According to an AP News report, Harrison remarked that declining to wear a mask in contravention of a public health directive "does not align with the type of 'civil disobedience' envisioned by the architects of the First Amendment as protected speech."
After the court procedures, New Jersey's statewide mask requirement ended in March 2022.
Meanwhile, health officials recommend immunization, hand washing, and physical distancing to avoid COVID-19. A face mask is essential for slowing viral transmission.
The CDC promotes mask-wearing, especially in certain situations. According to Mayo Clinic, the CDC advises wearing face masks in public locations, particularly in high-COVID-19 hospitalization regions. This advice is a component of the comprehensive strategy that health authorities advise using to lessen the effects of COVID-19.
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