I have seen situations where enraged citizens are having some pretty hefty arguments with store managers and even with other citizens about, ” It is my constitutional right to refuse to wear a mask if I choose not to wear one.”
The problem with that argument is that it is not true. It is not a citizen’s right to refuse to wear a face covering in cases where it is ordered by government officials as a measure to protect citizens from the spread of pandemics.
You will want to get into your set of college law books out, dust them off and look up a case as follows: “Jacobson v. Massachusetts, 197 U.S. 11 (1905),”
It was a case before The United States Supreme Court in which it was adjudicated that in pandemics the general citizenry has every right to protect itself from the spread of contagion.
The decision has never been overturned and if you wish to read it for yourself, you may do so at The Library of Congress, referencing the above-mentioned case.
There is, as far as I can determine (and you will have to ask a lawyer because I am not a lawyer) no part of the Constitution that addresses wearing a mask in times of peril or crisis.
The constitutional right to refuse to wear a mask in the midst of a pandemic does not exist. It is addressed nowhere at all in the Constitution’ of The United States.
This law does state that the civil liberties of citizens can be suspended “When the safety of the General Public may demand.”
The President has been on an anti-mask campaign of late making it sound un-manly or weak to wear masks in the pandemic and, in my opinion, since he is a public leader figure and people tend to listen, his anti-mask campaign is going to result in many more deaths from the virus than might otherwise have been the case and all efforts at reopening the economy will slow down significantly.
The common sense of mask wearing will become patently clear to people once the coronavirus hot spots created by reckless premature reopening and public refusal to follow the safety measures causes new flares and spikes in hospitalizations and deaths unless, as I suspect, the Press will be blocked from reporting the casualty figures somewhere along the line.
I believe that the Trumpian cocktail of Hydroxychloroquin and disinfectants is finally getting into the brains of his political offspring and is burning their brain tissue at an alarming rate.
As a side note, I understand that the coronavirus cases in Georgia are growing again after their recent attempts to rush the reopening of their state and I am personally awaiting the results of the wild Memorial Day Holiday where thousand and thousands of people threw caution to the winds and disregarded every possible safety precaution. I am predicting that the tragedy of those ill advised decisions will be horrendous.