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Reporters visit anti-lockdown protests and finds Trumpers are even crazier than you think
Today’s PSA, from Civil Rights attorney Peter James:
“But my liberties and rights!”
I’m glad you asked about that, because I’m a lawyer. In fact, I’m a lawyer who specifically deals with liberties and rights on a daily basis.
First of all, you have been temporarily inconvenienced, not oppressed. You have not lost a single right. Not one.
Your right to assembly, you say?
Your right to assemble is fully intact. Yes, it is. That right is the right of free association, not the right to gather wherever you feel like it whenever you feel like it. It means that the government can’t prohibit you from joining organizations.
And they aren’t. Not one governmental entity out there is saying you can’t be part of Citizens for Pro-Plague Nuttery.
What they are saying right now is that you can’t hold public gatherings of more than a certain number of people.
The Supreme Court has long upheld “time, place, and manner” restrictions on things like public gatherings. Those don’t infringe upon your rights, according to SCOTUS, if they are within a certain well-defined framework.
Honestly, this is less draconian than quarantines of the past. Most of you don’t know that because we haven’t had to do this in a very long time, like 75 years long time. But back before we had vaccines to a lot of things, if the government so much as suspected you had measles or smallpox, you would get your house sealed up and you didn’t go *anywhere* for two or three weeks while they shoved a few casserole dishes under the door. They’d put a big sign on the door that says “no entry or exit” and if you tried, some burly men would “politely explain” to you why that was not permitted. You didn’t go out for essentials. You didn’t go out for a walk. And they didn’t have Netflix or Instacart back then.
There is no constitutional right to own a business or go to work. Not in there. I’m sorry some of you are suffering, and I feel for you. I legitimately get that some of you are going to lose a lot from this and possibly everything you built. But it’s not a right. You didn’t have that right before, which is why people go bankrupt or get laid off or have their business ventures fail.
Again, you have been temporarily inconvenienced, not oppressed.
But let’s say for the sake of argument, you have had an actual, honest-to-goodness right infringed. You haven’t, but let’s just say you did.
That’s not the end of the story. The government *can* infringe on your rights. Oh yes, they can, and legally so.
How much the government infringes on your rights only changes the level of scrutiny the Court applies. If they are going to fully deprive you of a fundamental right, they need to have a compelling reason to do it and their actions need to be narrowly tailored to the harm being prevented. Public health and safety, especially where it comes to highly infectious diseases, has been upheld as a compelling governmental interest that can override fundamental rights including the right to free exercise of religious beliefs.
And stay-at-home orders are narrowly tailored, too. You can go out to stores for essentials, you can leave your house to go for a walk, you can get food delivered to you. You can go for a drive just to get out if you want. It just closes non-essential businesses that by design put lots of people in a confined space. That is narrowly tailored to the things causing the pandemic to spread the most.
It is not liberty to require human sacrifice to the gods of capitalism. It is not liberty to put people in danger. It is not liberty to indirectly kill people.
You do not have a right to endanger me and my family because you want to have a beer with the fellas at the corner pub.
You do not have a right to commit negligent homicide.
Edit: I wasn't expecting this to go viral. Apparently, I need to add a bit of addendum and disclaimer.
Questions and rational dissent are welcome. Insults, general aggravating comments, picking fights, trolling, and asshattery are not. Keep it civil or I will just delete your comment and block you, and frankly I won't lose a minute of sleep over it. If you're not sure how to dissent without sounding like an asshole about it, post a picture of a cute baby animal. Your displeasure will be duly noted.
The best part of your left winger post is that the reporter is wearing a mask with a breathing vent and you don't know why that is funnier than the people he is interviewing.