Not wearing mask during COVID-19 outbreak isn’t protected by free speech, court rules

A federal appeals court in New Jersey ruled Monday that a resident’s refusal to wear a mask at a school board meeting during the coronavirus pandemic is not protected free speech.

3^rd The Circuit Court of Appeals has ruled in two similar cases stemming from lawsuits against officials in Freehold and Cranford, New Jersey. The plaintiffs say they refused to wear masks at public meetings and suffered retaliation from the school board. Associated Press reported.

“In response to the coronavirus disease 2019 (COVID-19) pandemic, federal, state, and local governments have rushed to implement policies to curb the spread of the disease. These measures, including mandatory mask-wearing in indoor spaces, have generated skepticism and debate.” the court wrote in Monday’s decision. “Some opponents have expressed their dissatisfaction online, others have complained to their elected representatives and others have asked the courts to intervene.”

The court sent one of George Falcone’s cases back to a lower court, saying the plaintiffs in Gwyneth Murray-Nolan’s case did not show they suffered retaliation.

The lawsuit was dismissed for a variety of reasons, but the court “like every court that has taken up this issue” ruled against refusing to wear protective masks as required by health safety orders during a public health emergency. The court ruled that the right is not protected as a First Amendment right.

“Skeptics are free to express their opposition through a variety of means, and they do, but failure to comply with masking mandates is not one of them,” the ruling said. “For example, you cannot refuse to pay taxes to express your belief that ‘taxes are theft.’ Nor can you refuse to pay your taxes to express your belief that ‘taxes are theft.’ Nor can you refuse to pay your taxes to express your belief that ‘taxes are theft.’ Nor can you refuse to pay your taxes to express your belief that ‘taxes are theft.'” I couldn’t refuse.”

According to the Associated Press, New Jersey’s statewide order on public mask-wearing in schools ended in March 2022, shortly after the events in the lawsuit.