February 8th 2024.
A recent court ruling has caused controversy among a group of New Jersey residents who were fighting for their right to free speech. The Third Circuit Court of Appeals court made a decision on February 5th in favor of school officials in Freehold and Cranford, New Jersey. This decision comes after residents refused to comply with the mandatory face mask requirement at school board meetings during the COVID-19 pandemic. Two lawsuits were filed by George Falcone and Gwyneth Murray-Nolan, claiming that not wearing a mask was a form of protected speech under the First Amendment.
One of the incidents occurred in early 2022, when Falcone attended a school board meeting in Freehold Township while masks were still required. The court's ruling states that Falcone refused to wear a mask and was subsequently charged with trespassing. Similarly, Murray-Nolan, a vocal opponent of mask mandates, attended a meeting in Cranford without a mask despite the requirement. When she returned for the next meeting, she was arrested for defiant trespassing. The court found the arresting officers were justified in their actions as wearing a mask was required by law at the time.
Falcone and Murray-Nolan believed they were being retaliated against by the school boards for their refusal to wear masks at public meetings. However, while one of the lawsuits was sent back to a lower court for further review, the court ruled that Murray-Nolan failed to show evidence of retaliation. The court also emphasized that during a public health emergency, refusing to wear a mask does not equate to protected free speech under the Constitution. They stated, "A question that often arises in cases like these is whether there is a First Amendment right to refuse to wear a protective mask as required by valid health and safety orders during a public health emergency. Like all courts to address this issue, we conclude there is not."
The statewide mask mandate in New Jersey was lifted in March 2022, shortly after the lawsuits were filed. Both cases were ultimately dismissed, but the court reiterated that not wearing a mask as a requirement puts everyone at risk. They stated, "While skeptics have the right to voice their opposition through various means, disobeying a masking requirement is not one of them. For example, one cannot refuse to pay taxes as a form of expressing the belief that 'taxes are theft' or refuse to wear a helmet while riding a motorcycle as a symbolic protest against a state law requiring them."
Ronald Berutti, the attorney for both Falcone and Murray-Nolan, plans to petition the U.S. Supreme Court to hear the case. Despite the outcome, the ruling serves as a reminder that during a public health emergency, individuals must follow the necessary safety protocols for the greater good of the community.
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