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Masks and rights

November 10, 2020 by Guest Post

By Russ Lawrence, Hamilton

There is a legal principle that is best expressed by the saying, “your right to swing your fist ends where my nose begins.”

The gentleman quoted in the Bitterroot Star article of Oct. 28, 2020, who wishes to exercise his right to go maskless, isn’t the only person in this equation who has rights. You indeed have the right to contract a potentially fatal disease, but you don’t have the right to infect me with it, which is what the mask mandate is all about.

The same gentleman also declared that “I believe in the principles the United States was founded upon.” Yes, let’s have that discussion: the Constitution, in its very first sentence, states, “We the people of the United States, in order to . . . promote the general welfare . . . do ordain and establish this Constitution for the United States of America.” Right out of the gate, we didn’t just empower our government to promote our general welfare (health), we made it part of the government’s very purpose. Perhaps he forgot that particular founding principle?

As a bonus, the Montana constitution guarantees my right – and his – to “a clean and healthful environment.”

Lastly, while we’re talking about rights, why are people willing to walk past a sign at a private business that says “Masks required?” Go to a local grocery or hardware store, and you’ll see plenty of people doing just that. The owners have a right to require a mask, and if you profess a belief in private property rights, you have an obligation to respect that.

I regret any minor inconvenience it may cause, but requiring a mask is constitutional, supported by established legal principle, and a sign of regard for the rights of your fellow citizens, as well as common human decency.

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Filed Under: Opinion

Reader Interactions

Comments

  1. Michael Lesner says

    November 15, 2020 at 12:01 PM

    Some people are plagued with pulmonary issues. Wearing a mask only exacerbates the health issue. You are way too judgemental, you should mind your own business.

  2. Mike Mercer says

    November 11, 2020 at 4:04 PM

    Your premise is wrong because you simply cite from the Preamble not the Constitution. To be more specific, the Preamble is a statement of the fundamental purpose of the Constitution, it does not assign power…common mistake.

  3. Mike Miller says

    November 11, 2020 at 7:11 AM

    “…requiring a mask is constitutional”.

    What a ludicrous statement.

    • Allen Gates says

      November 15, 2020 at 8:03 PM

      Do your homework! The 10th amendment and Supreme Court rulings have given states broad powers to regulate individual and business right where public health is in jeopardy. The Governor’s mandate has the force of law.

      • Mike Miller says

        November 16, 2020 at 8:51 AM

        No Allen, you do your homework. A mandate is NOT a Law, otherwise it would be Law and have gone through the proper governmental procedures, and LE would be enforcing it.

        Do some more homework and learn that the size of the covid19 virus is .1 micron in size, and there is NO MASK that filters out particles that small.

        But if you want to keep on with your ‘feel good social justice warrior’ ways and wear your ineffective mask while you’re all alone in your car, it’s your freedom of choice that allows that. It’s laughable when people do that, trying to protect them from themselves with a mask that won’t protect them. And golly, you’re so brave to venture out of your house into a world containing a virus with a +/- 99% survivability rate according to the MT website on Covid19. It’s a wonder you’ve made it this far in life being in such a dangerous world!

        The chances of you killing yourself is statistically higher that dying from covid19, and getting higher because of this ridiculousness. Do your homework on that, Allen. Better get to work protecting you from yourself!

        Here’s some more homework for you: Covid 19 survival rates would be even higher if tests were more reliable, untested people weren’t counted falsely just because of association with a known, and certainly death certificates being falsely manipulated.

        Better get started on your homework, Allen.

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