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Wearing a mask in public communicates a message—one with which the wearer may strongly disagree. Mask wearing also makes it harder to speak, be heard, and otherwise communicate, especially considering that we use facial expressions — which are largely concealed by masks — to communicate a lot of information when we speak. With few exceptions, the First Amendment prohibits governments from telling people that they can’t speak or otherwise communicate as they please (this applies not only to words, but also to “expressive conduct”). It also prohibits governments from “telling people what they must say.” In light of the foregoing, should government-issued mask mandates be subject to “strict scrutiny” under the First Amendment? If so, the government would have to prove that the mandate is the least-intrusive means of furthering a compelling state interest. By design, that standard is extremely difficult to satisfy.
Sen. Mike Lee
Randall G. Holcombe
John C. Goodman
Stephen P. Halbrook
James Tooley
S. Fred Singer
Adam Brandon
Mike Lee
Rand Paul