Today I watched a clip of the thuggish, inarticulate Rep. Jim Jordan grilling Dr. Anthony Fauci, one of the most honest and respected figures in the federal government right now, about his opinion on the safety of protests during a pandemic. Rep. Jordan's argument is that it is inconsistent and unfair that we restrict things such as indoor church services and the opening up of certain businesses due to the pandemic, while we allow protesters to roam the street, not wearing masks or practicing social distancing.
He tried to illustrate what he views as an arbitrary treatment of different activities by mentioning the story of two gym owners recently arrested for violating a health department order by opening up their gym. Dr. Fauci didn’t take the bait, and instead indicated that it isn’t his job to determine what activities get limited and which are allowed to happen. He is just there to advise those who are charged with making those determinations.
Rep. Jordan, let me respond to your question in simple terms that even you would understand. Governments through their health departments are charged with issuing rules to reduce health risks that citizens in their jurisdiction may face. The current COVID-19 is just such a health risk that has resulted in state and local health departments banning, for the time being, certain indoor activities such as church services and indoor gyms, where activities will take place that put individuals at high risk of contracting COVID-19.
Our founding fathers felt so strongly that the right to free speech, one of the most important rights that had been restricted by the King of England prior to the War for Independence, was so critical to our long-term viability as a country that it was enshrined in the 1st Amendment, part of the Bill of Rights, in 1791. And courts have consistently held that the right to hold non-violent protests are a constitutionally-protected right under the 1st Amendment of the Constitution.
So, Rep. Jordan, it is entirely logical, and in fact consistent with the protections enshrined in our Constitution, that boards of health can prevent certain activities such as indoor religious ceremonies or the opening of bars or gymnasiums, while non-violent protests, protected under the 1st Amendment, are allowed to continue. And if business owners, members of church congregations, or members of any other group feel that their business or activity is being unfairly restricted during this pandemic, it is entirely within their rights to take to the streets and express their dissatisfaction through non-violent protest.
And lastly, Rep. Jordan, if your goal was truly to get Dr. Fauci to state that he recommends that we restrict public protest, then sadly I put you in the same league as President Trump and his lackey Attorney General Bill Barr, who view protests as just one more inconvenient activity standing in their way of turning the United States into the kind of dictatorship that they so admire. —Allen P., California
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