It's worth noting that there is a lot of discussion in serious circles (including here on HN) about the balance between too much and not enough with respect to quarantine, lockdown, etc., both in terms of where we are now and what we should do in the near future. I see little reason to doubt that all involved are trying to minimize general death and misery, even if they may disagree radically about how to do that. It…
I’m too tired at the moment to figure out where I stand on this [issue of free speech / assembly] but I have a general question: I thought the Supreme Court has already shown that there are limits to speech, such as yelling “Fire” in a crowded theater. I guess the distinction is how directly the speech leads to harm. Would that apply in this situation where most medical experts would agree that the quarantine is nece…
Yes correct, freedom of speech is not absolute, there are a lot of limitations in the U.S.: “libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, and perjury.” https://en.wikipedia.org/wiki/Freedom_of_speech#Limitations
The problem in this case is it can be reasonably argued that quarantine is damaging to some people, and not quarantining is damaging to other people. Even if it really is a bad idea to protest, it might be really difficult to establish clearly and legally that protesting is causing unnecessary harm, and greater harm than not protesting.
I’ve read the Wikipedia page on Freedom of Speech before, but I just noticed for the first time the interesting criteria called “Imminent lawless action”. I’m not a lawyer, but it seems possible this could apply even if harm can’t be demonstrated.
“Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely.” https://en.wikipedia.org/wiki/Imminent_lawless_action