Mask Mandate Doesn’t Violate the First Amendment
Yesterday’s Minnesota Voters Alliance v. Walz, decided by Judge Patrick J. Schiltz (D. Minn.), correctly rejects the argument that the Minnesota mask mandate “violates the First Amendment because it does not permit them to enter indoor public spaces without face coverings as a way to protest the requirement that they wear face coverings when they enter indoor public spaces”:
The Supreme Court has recognized that expressive conduct may be entitled to a measure of First Amendment protection. In general, courts evaluate the validity of a law that regulates expressive conduct under the standard articulated in United States v. O’Brien (1968). This does not mean, however, that every law regulating conduct is subject to scrutiny under O’Brien whenever an individual decides to violate the law for the purpose of sending a message.
If combining speech and conduct were enough to create expressive conduct, a regulated party could always transform conduct into “speech” simply by talking about it. For
Article from Latest – Reason.com