Anyone protesting must be smart by wearing a mask, keeping six feet apart, and knowing their message. That way these needed protests can eventually succeed in having these egregious executive orders rescinded.
Protesting Covid Restrictions Useless Without Getting Arrested, Going To Court
Because governors aggregate unlimited power by issuing executive orders, protesting will only succeed when Americans get arrested, go to jail, and challenge their cases in court.
To be successful, demonstrators against the COVID-19 emergency health decrees must protest legally and possess a clear message for the general public on why the executive orders are unlawful and need to be revoked.
Police citing Americans for “social distancing” violations
As police begin citing Americans for “social distancing” violations, simply calling governors and police fascists won’t win the cancellation of the executive orders. Such inelegant efforts are a waste of time no matter how justified the cause.
There are two basic reasons to protest. The first is to protect the right to free assembly guaranteed in the First Amendment of the United States Constitution; the second is the equally important right to participate in commerce with equality under the law.
The reality is that the American system of government gives governors near unlimited power in their respective states. By “executive order,” governors become “royal” and “rule.” They can instruct the police to arrest people for holding “illegal” gatherings, despite their “legality” under normal circumstances. This is called “reading the people the Riot Act.” In American history, the Boston Massacre in 1770 was such an occurrence when British troops fired on a “mob” harassing them, killing five colonists.
Notwithstanding civil insurrection, the primary way to stop governors from banning public demonstrations is by legal challenge in the courts, eventually in the federal judiciary. Someone must get arrested, go to jail and hire attorneys, or at least have the American Civil Liberties Union take their case. That’s the road map; anything else is futile grandstanding.
Eight worst states for restrictions on freedom are: New York, New Jersey, Michigan, Illinois, California, Pennsylvania, Connecticut, and Virginia
The only other scenario to reverse the “disaster emergency” declarations--as they are called in New York State--is for the federal government to intercede by telling the states that citizens’ rights to protest cannot be infringed, nor can businesses be told to stay closed indefinitely under the Constitution.
Unless people protest with proper intent, they are almost certain to get arrested for violating the “Riot Act.” Anyone going to this trouble ought to have clear in his or her mind the message they want to tell the public, because to make progress requires protesting “legally,” and still getting arrested.
The eight worst states for restrictions on freedom are: New York, New Jersey, Michigan, Illinois, California, Pennsylvania, Connecticut, and Virginia. Until now under COVID-19, no United States governor would have dared rule by executive order for such questionable purposes because of custom and decency. The last time this country had this type of internal national emergency with state government overreach was when the South seceded from the Union in 1861.
To elaborate, there are two basic reasons to protest:
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The first hero on the barricades for keeping American business open is Shelly Luther
1. Freedom of assembly for Americans is a guaranteed right in the First Amendment of the United States Constitution, therefore, imposing social distancing and forbidding “non-essential” businesses to function is unconstitutional. Under these circumstances, protesting social distancing creates an “essential” gathering and cannot be prohibited by cities and states as long as standard and reasonable laws for protesting are followed. This is the civil liberties argument.
2. Closing the economy creates mass unemployment, which on its own brings a health emergency just as dangerous as COVID-19. For example, there is a direct correlation between opioid deaths and the destruction of the manufacturing base in the United States. Americans ought to be able to freely run their legal businesses, considering that others are operating theirs. This is the economic argument.
The first hero on the barricades for keeping American business open is Shelly Luther, who refused to shut her beauty salon in Dallas, was arrested, fined, and sent to jail by a judge before being freed by Gov. Greg Abbott.
According to an anonymous civil liberties attorney, to protest within the law in New York State, a person would probably have to wear a face mask and keep six feet between people. The attorney said to challenge that the executive orders violate the constitutional right to free assembly, the protests would still have to take place in a lawful manner.
Mass unemployment and destruction of businesses also create health emergencies
True to course, nine protesters were arrested Saturday afternoon outside New York City’s City Hall for not obeying social distancing guidelines, according to the New York Post. The New York Police Department said in the same story that 374 summonses have been issued between March 16 and May 5 for “violations of emergency procedures and acts liable to spread disease.”
Mass unemployment and destruction of businesses also create health emergencies that must be prevented.
On Friday, CNN reported that the national public health group Well Being Trust, predicted that as many as 75,000 Americans could die of drug and alcohol misuse and suicide as a result of the economic downturn caused by government closing American businesses during COVID-19. The Well Being Trust said that theunemployment crisis and stress caused by isolation could significantly increase so-called “deaths of despair.”
“Unemployment during the Great Recession was associated with an increase in suicide deaths and drug overdose deaths,” the Well Being Trust said in Washington, DC. Employment and finding “meaningful work” is essential to mental health, which mirrors what people on the Right assert, that closing economy is just as dangerous as COVID-19.
Much of American society agrees with the health emergency declarations. Anyone protesting must be smart by wearing a mask, keeping six feet apart, and knowing their message. That way these needed protests can eventually succeed in having these egregious executive orders rescinded.
Daniel Wiseman is an independent political commentator, who focuses on national and international affairs. He spent nine years as a professional journalist in Wyoming before working in fund-raising, non-profit management, and is now working in New York City. Wiseman focuses his writing on how to bring the United States back to its Constitutional moorings. He writes exclusively for Canada Free Press.
Because governors aggregate unlimited power by issuing executive orders, protesting will only succeed when Americans get arrested, go to jail, and challenge their cases in court.
To be successful, demonstrators against the COVID-19 emergency health decrees must protest legally and possess a clear message for the general public on why the executive orders are unlawful and need to be revoked.
