Mask have become a hot political topic in the U.S., especially as states attempt to reopen while the covid-19 cases in the US continue to rise. Pro-maskers endorse the enforcement of the general public using mask, as mask have proven to decrease the spread of covid-19, while anti-maskers claim that forcing the public to wear a mask is a violation of civil liberties.
The requirement of wearing mask could prove to be a less restrictive solution to slowing the spread of covid-19 compared to the stay at home orders and lockdowns, that have been put in place across the US, since it would allow states to safely reopen businesses and schools. Researchers predict that wearing mask would be more effective at reducing the spread of covid-19 than a strict lockdown, if 80 percent of the population wore one, (UCSF). By requiring the use of mask, the U.S. could finally flatten the curve of coronavirus cases and potentially once again reach a stable economy.
As the Trump administration pushes states to reopen many have put in place mask mandates, NBC Chicago reported that as of July 23, 29 states have put in place mask mandates with varying requirements. Although many anti-maskers object these mask mandates for a number of reasons, such as it violates individuals right to make choices about their health and body, or that it infringes on their freedom of speech. (The Conversation) These claims by anti-maskers are unsupported, as all constitution rights are subjected to “police powers” as decided in Jacobson v. Massachusetts (1905) in which the Supreme Court recognized the states authority under “police powers”, and that “the individual liberty must be subordinated to the welfare of the general public, as well as the collective good of the nation.” (Pace Law School Library).
While past U.S. Supreme court decisions have upheld the government’s authority under “police powers” there has yet to be a federal decision wither the enforcement of mask is unconstitutional or not, and if the state or federal government have the power to do so under “police powers”. Though, I think it will be unlikely for the U.S. Supreme court will rule against state mask mandates as long as states provide reasonable modifications to these mandates for people with disabilities that prevent them from wearing mask.
Sources-
Nina Bai, “Still Confused About Mask? Here’s the Science Behind How Face Mask Prevent Coronavirus, University of California San Francisco, June 26, 2020, URL: https://www.ucsf.edu/news/2020/06/417906/still-confused-about-masks-heres-science-behind-how-face-masks-prevent
Becca Wood, “Here’s a List of States Now Requiring Masks in Public”, NBC Chicago, July 23, 2020, URL:https://www.nbcchicago.com/news/local/more-than-half-of-the-u-s-now-requires-masks-in-public/2310328/
John E. Finn, “The Constitution doesn’t have a problem with mask mandates”, The Conversation, July 22, 2020, URL:https://theconversation.com/the-constitution-doesnt-have-a-problem-with-mask-mandates-142335
Pace Law School Library, “Student Project: Compulsory Vaccination Law In New York State: Jacobson v. Massachusetts”, last updated: April, 13, 2020, URL: https://libraryguides.law.pace.edu/c.php?g=383525&p=2644767
Why do you think many people will argue against wearing a mask in public during the pandemic? As wearing a mask is protecting people’s lives, it may be uncomfortable, but in order for the pandemic to end sooner, people should make a sacrifice of feeling uncomfortable and wear the mask and follow the rules of their state. Do you think the article 10 of Bill of Rights is having a huge impact on the safety of the people? By saying so, I mean that the federal government cannot make a law that will make all the people from different states wear a mask mandatory. As the states make their own rules about the pandemic does this really affect how quickly will the pandemic end? Wearing a mask also made a new business for people, as the public started the new business of producing the masks. Is it fair, that states demand for the people to wear the masks, but most of them are sold out and it was extremely hard to find one at the beginning of the pandemic? I think this was one of the reasons why people have begun to produce their own masks and make money out of it and by doing so not going for the unemployment as the jobs have reduced in their numbers. Do you think it is fair that malls and other public places require people to wear the masks but, in the place, where there is an eating area, people can take their mask off? Does this make sense? It is still in the same building but just different areas where the masks are needed or not. As to the rights of the individual and wearing a mask, I don’t think it is a violation of anyone’s rights as it is for the sake of everyone and in order to end the pandemic, people should obey the rules of their states. As I live in Florida there was a rule that if a person does not wear a mask in public, there is a fine of 150 dollars or you spend six months in jail. What are your thoughts about this?
Maddison Sheerer
This post grabbed my attention because the whole mask topic lately has got me thinking. Why do people think a mask violates their rights whether it’s basic rights or constitutional rights. As I continue to read through it relates back to my post about the World Health Organization stating that around 80% are affected Mildly but 20% are severe. This relates back to why people should wear a mask due so not all are severe. This post was very well written and included a well thought out idea of whether people are for masks or against masks because it violates their rights.
I believe that wearing a mask is completely necessary in these times. We have been incredible results after it became mandated. What confuses me is, why people are fighting against this requirement? Don’t they want this virus to go away ASAP? If this virus goes away, then everyone can go back to their normal lives. Also, we know that a stay at home order will not keep people at home. We tried this in the beginning, but people get antsy and claustrophobic, so they go outside or go to the store. If the store at home order obviously doesn’t work, then I believe that people should be able to wear masks. They can’t ignore both the stay at home order and mask wearing, that is beyond selfish. As long as the state provides solid evidence as to how and why masks work, it should be heavily enforced throughout the world, especially crowded cities.
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