Answer Man: In mask mandate, what’s the meaning of ‘First Amendment rights?’ – Citizen Times
Video: Buncombe County school board meeting sees anti-mask protesters
Buncombe County resident Stephanie Parsons protests during a meeting with the Buncombe County Board of Education on Thursday, August 5, 2021.
Maya Carter, Asheville Citizen Times
Todays batch of burning questions, my smart-aleck answers and the real deal:
Question:In Buncombe County's recent mask mandate order and the city's, too it gives an exemption for First Amendment rights. What does that mean? It seems kind of nebulous...
My answer: Who doesn't like a nice splash of nebulousness in their mask mandate? I just wish they would've added some language along the lines of, "The mandate also does not apply to those wishing to remain in touch with their inner child, hoping not to inhibit the free flow of chi or just wanting to ride free and not be hassled by the man."
Real answer: The county and city recently did pass mask mandates for public places. The city order essentially mirrored the county's, which did offer mask exemptions for several activities. It reads:
Worship, religious, and spiritual gatherings, funeral ceremonies, wedding ceremonies, and other activities constituting the exercise of First Amendment rights are exempt from all the requirements of this order.
More: Protesters object to Buncombe County Schools' mask mandate, attempt to 'overthrow' board
This being the land of the free, I can see where some folks, whether they're customers, employees, or just folks trying to ditch the mask because it "inhibits their free speech," may try to take advantage here. The mandate is meant to be pretty narrow, though.
"This language is straight out of language used in the Governor's Executive Orders," Buncombe County spokeswoman Lillian Govus said via email. "The language in the Executive Orders speaks primarily to mass gatherings, and specifically exempts fundamental First Amendment rights. The U.S. District Court essentially held that the state cannot restrict religious gatherings of 10 or more people."
More: Asheville City Schools clarifies COVID-19 protocols ahead of first day of school
The county's new order "simply requires face covering in public spaces and does not prohibit or define gatherings," Govus said. It implements public health officials' recommendation to require people to wear face coverings indoors in public in communities with substantial or high transmission.
Buncombe County, like many other counties nationwide, has seen COVID-19 cases surge in recent weeks as the delta variant spreads.Health officials told county leaders last week the rate of COVID-19 infections have increased six-fold, or 500% in a month's time.
In mid-July, the county was seeing 34 cases per 100,000. Last week the number had skyrocketed to 261 per 100,000, a rise attributed tothe coronavirus' highly contagious delta variant, which some data showcauses more severe illness than earlier strains.
TheCDC also strongly encourages social distancing again.
"When preparing the order, we felt it was important to clearly indicate that there is no intention to abridge the First Amendment rights of persons by implementing this new local order requiring face coverings in public spaces," Govus said.
By way of review, here's what the First Amendment says: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
For Asheville, City AttorneyBrad Branham responded, first noting the city wanted to maintain consistency with the county by mirroring the county directives. The First Amendment exception "is intended to be very limited in nature," Branham said.
The city believes strongly in the need for the most recent mask mandate, but while also safeguarding the constitutional rights of our residents and visitors," Branham said via email. "We do not consider the mere act of mandatorily wearing a mask to infringe upon a persons freedom of speech.Therefore, this exception would be limited to circumstances in which a person was prevented from fully exercising their free speech rights because of the mask.
I can imagine anti-maskers trying to fall back on all sorts of "free speech" arguments to shed their masks, but Branham said the exemptionis meant to be very narrow in scope.
"We can envision very few, if any, circumstances in which this would arise, but wanted to ensure that recognition of personal freedoms be included in the document," Branham said. "To reiterate, this language should absolutely not be read to mean that disagreement with the mask mandate gives someone the right to refuse to wear a mask under the guise of the First Amendment.
Judging by the lack of masks I saw at the Arden Walmart Saturday evening, I'd say folks are doing just fine in finding plenty of ways around the mask mandate. I suspect most folks would just claim a "medical exemption," if asked.
But honestly, I don't think stores, restaurants, bars or other establishments really want to fight the mask fight anymore. I'm still wearing a mask indoors, because it's the right thing to do to beat down the delta variant, but I'm probably in the minority these days.
It's a sad statement about society, folks. For nearly all of us, wearing a mask is a minor inconvenience.
Please, just do it.
This is the opinion of John Boyle. To submit a question, contact him at 232-5847 or jboyle@citizen-times.com
See original here:
Answer Man: In mask mandate, what's the meaning of 'First Amendment rights?' - Citizen Times
- Most Americans can name only one right protected by the First Amendment, Annenberg survey finds - The Daily Pennsylvanian - September 19th, 2024 [September 19th, 2024]
- A Majority of Americans Cant Recall Most First Amendment Rights - The Annenberg Public Policy Center of the University of Pennsylvania - September 19th, 2024 [September 19th, 2024]
- Can you list all the First Amendment rights? Only 7% of Americans can, poll finds - Miami Herald - September 19th, 2024 [September 19th, 2024]
- Todays TikTok Appeal Pressure Tests The First Amendment - Forrester - September 19th, 2024 [September 19th, 2024]
- Heres what to know about free speech protections outlined by the First Amendment - Fort Worth Star-Telegram - September 19th, 2024 [September 19th, 2024]
- DC Circuit skeptical of TikToks First Amendment effort to stave off looming ban - Courthouse News Service - September 19th, 2024 [September 19th, 2024]
- Can candidates lie & get away with it? See if First Amendment rules vary for GA elections - Columbus Ledger-Enquirer - September 19th, 2024 [September 19th, 2024]
- McConnell On The Judicial Bureaucracy And The First Amendment - Remark | Remarks | THE NEWSROOM | Republican Leader - September 19th, 2024 [September 19th, 2024]
- Mistreatment of Indian journalist in Texas may have violated First Amendment rights: NPC - Daily Excelsior - September 19th, 2024 [September 19th, 2024]
- University of Wisconsin-Milwaukee Says Pro-Hamas Groups Threats Are Protected by First Amendment - Algemeiner - September 8th, 2024 [September 8th, 2024]
- State of the First Amendment Address to focus on free speech, free exercise and the establishment clause - UK College of Communication and Information - September 8th, 2024 [September 8th, 2024]
- Letter to the Editor: Defending our First Amendment rights - Daily Bulldog - September 8th, 2024 [September 8th, 2024]
- Opinion | Only the First Amendment Can Protect Students, Campuses and Speech - The New York Times - September 6th, 2024 [September 6th, 2024]
- The Growing Threat of State Domestic Terrorism Laws to the First Amendment - Just Security - September 6th, 2024 [September 6th, 2024]
- First Amendment or foreign interference? Jury to decide in federal trial of Uhuru members - WTSP.com - September 6th, 2024 [September 6th, 2024]
- State of the First Amendment Address to focus on free speech, free exercise and the establishment clause - UKNow - September 6th, 2024 [September 6th, 2024]
- Interpreting the First Amendment through an equality lens - University of Miami: News@theU - September 6th, 2024 [September 6th, 2024]
- Andrew Walker: The importance of the First Amendment - WORLD News Group - September 6th, 2024 [September 6th, 2024]
- Daily Herald opinion: Free speech and election politics: Chilling-sounding 'First Amendment Zones' pose a legitimate, not insurmountable, challenge... - September 6th, 2024 [September 6th, 2024]
- Phil Donahue: The man who brought robust talk to TV an interview with Ken Paulson about the man and his legacy First Amendment News 438 - Foundation... - September 6th, 2024 [September 6th, 2024]
- Private Universities That Reject First Amendment Principles Put Themselves At Legal Risk (Updated) - Reason - September 6th, 2024 [September 6th, 2024]
- Federal Judge Who Ruled Ald. Gardiner Violated First Amendment Admonishes Him for Approaching Her - WTTW News - September 2nd, 2024 [September 2nd, 2024]
- Law professors: Northwestern University must embrace the First Amendment standard of speech - Chicago Tribune - September 2nd, 2024 [September 2nd, 2024]
- Trump Says We Gotta Restrict the First Amendment - Rolling Stone - September 2nd, 2024 [September 2nd, 2024]
- Constitution Day speaker to discuss the First Amendment, 2024 Election - Fredonia.edu - September 2nd, 2024 [September 2nd, 2024]
- Does the First Amendment Protect A.I.? The Supreme Court May Soon Have Its Say. - Slate - September 2nd, 2024 [September 2nd, 2024]
- The First Amendment and practical implications of SEA 202 - Indiana Lawyer - September 2nd, 2024 [September 2nd, 2024]
- Arizona Woman Arrested for Exercising First Amendment Rights, Criticizing Public Official - Turning Point USA - September 2nd, 2024 [September 2nd, 2024]
- First Amendment / Second Amendment Lawyer Jobs in California - Reason - August 25th, 2024 [August 25th, 2024]
- Nashville mayor introduces legislation aimed at safety and protecting First Amendment rights - WSMV 4 - August 25th, 2024 [August 25th, 2024]
- A few reflections on the Benjamin Gitlow story as that landmark case nears its centennial anniversary First Amendment News 436 - Foundation for... - August 25th, 2024 [August 25th, 2024]
- 72 People Have Been Arrested Related to First Amendment Activities During the DNC, Including 3 Journalists - WTTW News - August 25th, 2024 [August 25th, 2024]
- 72 People Have Been Arrested Related to First Amendment Activities During the DNC, Including 3 Journalists WTTW (Chicago) - Wirepoints - August 25th, 2024 [August 25th, 2024]
- Europes outrageous attack on the First Amendment - Washington Examiner - August 20th, 2024 [August 20th, 2024]
- Who's for the First Amendment and who's against - Martinsburg Journal - August 20th, 2024 [August 20th, 2024]
- Catholic Charities asks Supreme Court to protect First Amendment rights in battle against the state - AOL - August 20th, 2024 [August 20th, 2024]
- Five ways the First Amendment protects your speech and three ways it does not - ACLU of DC - August 20th, 2024 [August 20th, 2024]
- Video Democrats can handle protests and protecting the First Amendment: Brandon Johnson - ABC News - August 20th, 2024 [August 20th, 2024]
- University I-Team launched, tasked with supporting First Amendment rights - Daily Illini - August 20th, 2024 [August 20th, 2024]
- TikTok fights the DOJ on the First Amendment, compares itself to these American news outlets - Fast Company - August 20th, 2024 [August 20th, 2024]
- Whose Bible (and First Amendment) is it, anyway? | Opinion - NJ.com - August 20th, 2024 [August 20th, 2024]
- Anti-abortion organizations claim N.Y. attorney general is violating First Amendment over info on treatment - Spectrum News - August 20th, 2024 [August 20th, 2024]
- In Response to City-Promoted Religious Walk: First Amendment Activist Proposes 'Chicken Wings, Piatas, and a Satanic Rave' - Tamarac Talk - August 20th, 2024 [August 20th, 2024]
- A First Amendment fight for the future of the internet - The Boston Globe - July 14th, 2024 [July 14th, 2024]
- Pushing back against the state - WORLD News Group - July 14th, 2024 [July 14th, 2024]
- So to Speak Podcast Transcript: The First Amendment at the Supreme Court - Foundation for Individual Rights and Expression - July 14th, 2024 [July 14th, 2024]
- Ruling boosts social media free speech protections, some say - Roll Call - July 14th, 2024 [July 14th, 2024]
- Can the First Amendment Protect Americans From Government Censorship? - The New York Sun - July 14th, 2024 [July 14th, 2024]
- The aftermath of the Supreme Courts NetChoice ruling - The Verge - July 14th, 2024 [July 14th, 2024]
- Oklahoma Supreme Court ruling 'inconsistent' with First Amendment - ADF Media - June 25th, 2024 [June 25th, 2024]
- Gag orders and First Amendment rights - Foundation for Individual Rights and Expression - June 25th, 2024 [June 25th, 2024]
- Car shows, the First Amendment, and $30 - The Citizen.com - June 25th, 2024 [June 25th, 2024]
- ACLU lawsuit claims Rose Bud ordinance restricts First Amendment rights - KARK - June 25th, 2024 [June 25th, 2024]
- DOJ report on Phoenix PD contains guidance on First Amendment rights at protests - Reporters Committee for Freedom of the Press - June 25th, 2024 [June 25th, 2024]
- Chicago Police Department Revises Plan to Handle Protests Around DNC After Reform Groups Object - WTTW News - June 25th, 2024 [June 25th, 2024]
- Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes? - Reason - June 20th, 2024 [June 20th, 2024]
- Opinion | Alito comments threaten the First Amendment - The Washington Post - The Washington Post - June 20th, 2024 [June 20th, 2024]
- Six West Virginia Schools Notified of First Amendment Violations in Student Handbooks - WV News - June 20th, 2024 [June 20th, 2024]
- Missouri AG joins 23 states to defend Trump's First Amendment rights - kttn - June 20th, 2024 [June 20th, 2024]
- Voting assistance covered by First Amendment, say plaintiffs in absentee ballot case Alabama Reflector - Alabama Reflector - June 20th, 2024 [June 20th, 2024]
- ACLU Urges Six WV Schools to Review Student Policies Violating First Amendment - The 74 - June 20th, 2024 [June 20th, 2024]
- Do Anti-CRT Laws Violate the First Amendment? - Vanderbilt Law - June 20th, 2024 [June 20th, 2024]
- Book Review: The Indispensable Right, by Jonathan Turley - The New York Times - June 20th, 2024 [June 20th, 2024]
- Perspectives: Tale of two Cohens: promissory and profane - Minnesota Lawyer - June 20th, 2024 [June 20th, 2024]
- SPJ urges Mississippi Supreme Court to overturn lower court order that threatens journalists' First Amendment rights - Society of Professional... - June 20th, 2024 [June 20th, 2024]
- Anti-Semitism and the First Amendment | | khq.com - KHQ Right Now - June 20th, 2024 [June 20th, 2024]
- Personal Reflections: First Amendment and Religious Freedom | Opinion and Editorials | Lewiston Tribune | lmtribune ... - Lewiston Morning Tribune - June 20th, 2024 [June 20th, 2024]
- Fort Worth City Reinforces First Amendment Rights with True Texas Project Event Reinstatement at Botanic Garden - Hoodline - June 20th, 2024 [June 20th, 2024]
- Supreme Court Clears Way for N.R.A. to Pursue First Amendment Challenge - The New York Times - May 31st, 2024 [May 31st, 2024]
- SCOTUS unanimously backs NRA on First Amendment ruling - JURIST - May 31st, 2024 [May 31st, 2024]
- Unanimous First Amendment Victory for the NRA (Represented by the ACLU) - Reason - May 31st, 2024 [May 31st, 2024]
- Supreme Court Says Government Bullying Can Violate the First Amendment - Goldwater Institute - May 31st, 2024 [May 31st, 2024]
- SCOTUS Unanimously Sides With NRA in First Amendment Case - The Reload - May 31st, 2024 [May 31st, 2024]
- Supreme Court unanimously sides with NRA in First Amendment dispute with New York official - Washington Times - May 31st, 2024 [May 31st, 2024]
- Why Justice Sotomayor just handed the NRA a big Supreme Court victory - Vox.com - May 31st, 2024 [May 31st, 2024]
- John Stockton Loses Case Over Regulation of COVID Speech - Sportico - May 31st, 2024 [May 31st, 2024]
- More on the New York Trump Case and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Campus encampment bans rarely violate the First Amendment. Here's why. - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Trump's Trial and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Are gag orders constitutional? SCOTUS says it depends - VERIFYThis.com - May 5th, 2024 [May 5th, 2024]