What you need to know
- A federal appeals court has rejected an argument that there is a First Amendment right not to wear a mask during the coronavirus pandemic.
- The Third Circuit Court of Appeals on Monday ruled in two related cases stemming from lawsuits against officials in two New Jersey towns.
- The lawsuit centered on allegations that the school board retaliated against the plaintiffs because they refused to wear masks at public meetings.
A federal appeals court on Monday rejected an argument that a New Jersey resident's refusal to wear a mask at a school board meeting during the coronavirus pandemic constituted speech protected by the First Amendment.
The Third Circuit Court of Appeals has decided two related cases stemming from lawsuits against officials in Freehold and Cranford, New Jersey.
The lawsuit centered on the plaintiffs' claims that they suffered retaliation from the school board for refusing to wear masks at public meetings.
In one case, the court remanded the case to a lower court for consideration. Another document says the plaintiffs failed to prove they suffered retaliation.
Still, the court found that refusing to wear a mask during a public health emergency does not constitute constitutionally protected free speech.
“The question that casts a shadow over these lawsuits is the First Amendment right to refuse to wear a protective mask as required by a valid health and safety order issued during a recognized public health emergency. “The question is whether there is a right to do so. Like all courts that have dealt with this issue, we have concluded that no such question exists,” the court said.
The court added that “skeptics are free to express their opposition in a variety of ways, and they do, but failure to comply with masking requirements is not one of them.” For example, you cannot refuse to pay taxes to express your belief that “taxes are theft.” Nor could they refuse to wear motorcycle helmets as a symbolic protest against state laws requiring them to be worn. ”
The lawsuit was filed by George Falcone and Gwyneth Murray-Nolan.
Falcone attended a Freehold Township school board meeting in early 2022, when masks were still required. He refused and was issued a summons for trespassing, according to the court's ruling. He also claimed that a subsequent school board meeting was canceled in retaliation for not wearing a mask. A lower court ruled he had no standing to sue, and he appealed.
Murray Nolan, who testified before lawmakers about his skepticism about the effectiveness of masks, attended a Cranford School Board meeting in early 2022 without a mask, even though masks were required. . Less than a month later, she was arrested on trespassing charges after attending the next board meeting without a mask. A lower court found that the officers had probable cause to arrest her because she did not wear a mask as required by law at the time. She appealed.
A message seeking comment was left with appellant's attorney.
Eric Harrison, an attorney for the officials named in the lawsuit, praised Tuesday's ruling. In an emailed statement, he said refusing to wear a mask in violation of public health obligations is “the kind of 'civil civil rights' act that the framers of the First Amendment had in mind as protecting speech.” It is not 'disobedience.'
New Jersey's statewide order on public mask-wearing in schools ended in March 2022, shortly after the incidents described in the lawsuit.
