Re:How the 1918 Flu Spread Across America (2017)
by tzs on Friday February 28, 2020 @12:55PM
(#22444711)
Restrictions on that right are subject to "strict scrutiny", which is the highest standard of judicial review.
To satisfy it, the government has to show that it has a compelling state interest and that their solution is narrowly tailored to serve that interest.
Curfews for public safety after natural disasters like fires and floods, or to prevent spread of disease, or in times of extreme civil unrest like riots have been found to meet the strict scrutiny standard.
Since a ban on large gatherings is less of an imposition on your freedom of assembly than a curfew, I'd expect that it would be allowed.
To satisfy it, the government has to show that it has a compelling state interest and that their solution is narrowly tailored to serve that interest.
Curfews for public safety after natural disasters like fires and floods, or to prevent spread of disease, or in times of extreme civil unrest like riots have been found to meet the strict scrutiny standard.
Since a ban on large gatherings is less of an imposition on your freedom of assembly than a curfew, I'd expect that it would be allowed.