Even in America, the “land of the free,” government can require that citizens wear face masks to help curb the spread of the coronavirus – a move many states and local governments are considering as new COVID-19 cases continue to swell in areas across the country.
Zack Buck, an associate professor at the University of Tennessee College of Law, said even though the U.S. Constitution is the supreme law of the land, states have broad authority to intervene and issue mandates in certain circumstances such as public health emergencies.
“It’s a steep hill to climb for someone to challenge that,” Buck said, adding that courts have frequently upheld rules that limit constitutional rights as long as they’re limited in scope.
“Even if it were found that someone had a constitutional right to be free of masks, the state can still reasonably restrict constitutional rights in the name of safety,” he said.
Examples include laws that require seat belt use in vehicles and prohibit smoking in public spaces.