Posted on 03/16/2020 8:50:44 AM PDT by djf
The First amendment to the United States Constitution 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" Now I know this will get shot down by everybody who (for the children or for the elderly or for whoever) BUT this does not say you only have the mentioned rights IF YOU ARE HEALTHY. That's my opinion. My first thought was the Churches. Shoot away!
I’ll be shooting, but from YOUR side.
Absolutely correct.
Gov Baker put this into effect in mass. As many other states.
I have been looking but have not found the answer to the question of.
What is the penalty for violation?
is a 26 person bible study to be raided by swat? is the owner of the location liable? Every person in attendance?
That’s great if you are healthy, but you can transmit to a person who may not be so healthy.
Not in Massachusetts.
Quarantines are acknowledged in the same common law history you cite.
No doubt, you have the right to assemble. And to exercise your rights.
The complications creep in where your rights begin to infringe on others. For example, it had been said that the right to swing your arm stops at the end of my nose.
I’ll leave it to others to work out where, in times like this, it is reasonable for society to restrict that right if assembly, but clearly there is such a point.
If they declare martial law they can pretty much do anything. Of course we aren’t there yet.
Look, I’m old and I need you to stay inside. Is this hard?
I am with you djf.
The constitutional right of peaceful assembly is not conditional.
So, you have no way of knowing if you are a carrier or not but you are perfectly willing to kill of the people closest to you? Selfish! You shouldn’t even have to be told.
That’s good. Usually this kind of crap is for the children.
Typhoid Mary (https://en.wikipedia.org/wiki/Mary_Mallon) and others have been quarantined in the past.
Her first amendment rights did not prevent that.
Nice try fearmonger. The reality is “I’m old and I want you to lose your job, livelihood, freedom, liberty, even life because I think I’m immortal”
I would hope that Freepers would voluntarily not assemble in large groups. This is a long-standing measure for the containment of infectious disease, and it’s a way of protecting those who are worth meeting with. I approve of the churches that have moved services online. I also approve of those that have moved outdoors and spread out worshipers. Rights exist, but common sense should be consulted when exercising those rights.
The right certainky remains, but we may also agree to refrain from excercising it on a temporary basis.
We had quarantine laws on the books since 1663. Looks like the Supreme Court has upheld them.
You can dig in further here on the history of quarantine laws.
Go challenge it with a lawsuit if you think you have a case. If you win I'll support a constitutional amendment to grant the Feds and the States a healthcare exception.
You are an idiot. Certainly not anyone with knowledge of the law.
I understand that FR allows anyone to post regardless of their lack of education or common sense. But allowing stupid people to misstate the law and get others all jacked up by misinformation is reprehensible.
So let me educate you. The police powers of the state in an emergency are almost limitless and have been upheld by the Supreme Court as constitutional for over 150 years. So yes, limitations or prohibitions to protect from disease are perfectly legal. Private property can be seized, used or destroyed as need be in an emergency. People can be quarantined, jailed without trial or otherwise ordered around in an emergency.
Until you don’t. Haven’t you heard Barry the CONstitutional scholar’s epic “charter of negative liberties” sermon? He also won the Nobel POS Prize for his great work.
What are you, a “bitter clinger”?
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