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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.

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Videos

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Books

Saving Nine: The Fight Against the Left’s Audacious Plan to Pack the Supreme Court and Destroy American Liberty

Sen. Mike Lee

Liberty in Peril Democracy and Power in American History

Randall G. Holcombe

New Way to Care Social Protections that Put Families First

John C. Goodman

The Right to Bear Arms A Constitutional Right of the People or a Privilege of the Ruling Class?

Stephen P. Halbrook

Really Good Schools Global Lessons for High-Caliber, Low-Cost Education

James Tooley

Hot Talk, Cold Science Global Warming’s Unfinished Debate (Revised and Expanded Third Edition)

S. Fred Singer

Republic, Not a Democracy: How to Restore Sanity in America

Adam Brandon

Our Lost Constitution: The Willful Subversion of America’s Founding Document

Mike Lee

Written Out of History: The Forgotten Founders Who Fought Big Government

Mike Lee

Government Bullies: How Everyday Americans are Being Harassed, Abused, and Imprisoned by the Feds

Rand Paul

The Case Against Socialism

Rand Paul