Refusing to Wear a Mask Isn’t Protected by US Constitution: Federal Court

Published on February 7, 2024

Refusing to wear masks is not conduct protected by the U.S. Constitution, a U.S. appeals court has ruled. “A question shadowing suits such as these is whether there is a First Amendment right to refuse to wear a protective mask as required by valid health and safety orders put in place during a recognized public health emergency. Like all courts to address this issue, we conclude there is not,” U.S. Circuit Judge Thomas Ambro said in a Feb. 5 ruling. “Skeptics are free to—and did—voice their opposition through multiple means, but disobeying a masking requirement is not one of them,” Judge Ambro added. “One could not, for example, refuse to pay taxes to express the belief that ‘taxes are theft.’ Nor could one refuse to wear a motorcycle helmet as a symbolic protest against a state law requiring them.”...

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