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Just so you know, this is an old problem in American democracy, which has risen to the Supreme Court over a hundred years ago, and been settled in favor of publ
by gen220 7y ago
Just so you know, this is an old problem in American democracy, which has risen to the Supreme Court over a hundred years ago, and been settled in favor of public health.
It is not a slippery slope to authoritarianism, it is an extraordinary times call for extraordinary measures (i.e. wartime, smallpox). As a nation, we’ve long ago decided and upheld the idea that public health is more valuable than individual liberty, in times like these.
If you’re curious, the case is Jacobson v Massachusetts. Excerpted from Wikipedia:
> Harlan ruled that Massachusetts was justified in mandating vaccination: "there are manifold restraints to which each person is necessarily subject for the common good". While Harlan supported such restraints, he also warned that if the state targeted specific individuals or populations to unnecessary restrictions, the court might have to step in to protect them.
> That was a few years after Wong Wai v. Williamson in which a federal circuit court injunction in San Francisco was overturned. It required all Chinese residents of San Francisco to get a dangerous bubonic plague inoculation if they wished to leave the city, which Judge William Morrow ruled was "boldly directed against the Asiatic or Mongolian race as a class".
- Stranger43 7y agoThe us constitution is also a fairly week document that don't even protect things as basic as "free speech" if you read rulings like the infamous Brandenburg ruling, that contract to it's rhetoric did not involve anyone "yelling fire in an crowded theater" but someone advocating people being drafted the army dong WWI to challenge the legality of the draft, and refuse to report as instructed to the muster stations. This might be the one time the crisis is real and not invented but how do we make sure that all of the emergency measures including all new surveillance tech deployed is mothballed under seal. the second it's no longer an emergency and that an correct review happens afterwards. The us supreme court have an long tradition of reading the us constitution with an very open mind to the needs of the state itself, especially in rulings that predate the US signing the UN Charter of Human rights.