Surgical Masks in the COVID-19 Pandemic and “The Power of the Powerless”

It’s completely normal to think of a 42-year-old political essay when discussing surgical masks with one’s spouse, right? Well, everyone is scared right now, particularly with so much uncertainty about the effects that quarantining indefinitely will have on the economy, and adding nastiness and shaming and smug superiority to the fear seems really inappropriate, if not wholly unhelpful. (Keep reading)

Beware COVID-19 Orders and Related Actions That Try to Stop People from Protesting

The Raleigh Police Department shut down a protest this week and arrested people who refused to comply. It should lose a First Amendment challenge to its conduct ten times out of ten under multiple theories of free speech law. (Keep reading)

Church Closures During the COVID-19 Pandemic (Probably) Do Not Violate the First Amendment

As they say, the devil is always in the details, but generally speaking, broad-based “safer-at-home” or “shelter-in-place” orders to prevent the spread of COVID-19, without more, probably do not violate the First Amendment’s Free Exercise Clause, even if they prevent church members from gathering to worship. (Keep reading)