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This is a situation where the often nebulous "good of society" is straight up in conflict with personal freedom. I'm in favor of opt-in for something like usin
by kingaillas 7y ago
This is a situation where the often nebulous "good of society" is straight up in conflict with personal freedom.
I'm in favor of opt-in for something like using location data (info the government doesn't normally have because it is private companies with the info, at least in the US), but it won't work at all for limiting pandemic response, because someone that doesn't opt-in can spread the virus.
So even if everyone else opts-in and allows location usage (perhaps time-limited or whatever) to fight this pandemic, it just takes one infected person to opt-out and destroy containment efforts. Just like South Korea's patient 31.
I can't think of a general solution for this, for a case where full cooperation is needed. If it is crossing a very big red line to interfere with freedom of assembly in the midst of a pandemic, then one tool I can think of is to charge/prosecute people that take risks that cause harm to others. Not just a fine, rich people could effectively ignore restrictions. I mean serious charges, attempted murder or assault for every other person they infect.
You want to unlimited freedom, then take unlimited personal responsibility for the harm you cause.
The other solutions are to split hairs somewhat. The 1st Amendment only prohibits Congress, so delegate to the States to forbid assembly in pandemics. But, not being an attorney, I don't know if that legal strategy flies.
Another is language lawyering, the 1st Amendment specifically mentions "the right of the people peaceably to assemble". Obvious workaround is to consider an infected person not peaceful, they are after all, attacking everybody around them with trillions of microscopic invaders. You can gather only if you can prove you aren't infected.
- gruez 7y ago>I mean serious charges, attempted murder or assault for every other person they infect. >You want to unlimited freedom, then take unlimited personal responsibility for the harm you cause. How would you prove beyond a reasonable doubt that a person was infected by the accused? Maybe it works fine in the early stages of an outbreak, but when you have thousands infected in a city, it isn't fair to charge whoever the police arrested with "infecting" every person that came within 6ft of him who wound up sick.
- deleted 7y ago[deleted]
- DangitBobby 7y agoI think if you shot someone who happened to be impervious to bullets it would still be attempted murder. Or if you just shot your gun willy-nilly and happened to hit no one, that would at least be criminal negligence, right?