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Re:Free America Now (@elonmusk) by criddell on Wednesday April 29, 2020 @08:25AM (#23018245)
What's the context of this tweet? Is he just trolling?
Re:Free America Now (@elonmusk) by DagAgren on Wednesday April 29, 2020 @08:32AM (#23018307)
He is mad that the lockdown is losing him money, and he wants to force people to risk their lives to go back to work making him money.
Re:Free America Now (@elonmusk) by hef19898 on Wednesday April 29, 2020 @08:48AM (#23018445)
Isn't Elon wating for a huuuuuge payday? One that could not happen if the stock drops too much?

Which raises the question, whether or not, this Tweet is similar to the going-private one.

Re:Free America Now (@elonmusk) by zaroth on Wednesday April 29, 2020 @11:37AM (#23020478)
This is a great point of how SEC regulations violate free speech through prior restraint when interpreted too broadly.

If it’s illegal for Musk to make political commentary like this, then that doesn’t mean Musk broke the law, it means the law is unconstitutional.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @08:54AM (#23018501)
Well, not just him. A lot of regular people are mad too that the lockdown is losing them money and risking their live buy not allowed to work.
Re:Free America Now (@elonmusk) by DagAgren on Wednesday April 29, 2020 @12:33PM (#23021086)
Is it really that much to ask them to do their part to keep hundreds of thousands of people from dying painfully.

Is that really not something they are prepared to do.

Re:Free America Now (@elonmusk) by Turing_Machine on Wednesday April 29, 2020 @01:00PM (#23021445)
Are you still getting paid?

If so, maybe you could take your next several checks and send them to people who are out of work.

You should be willing to do your part, right?

Re:Free America Now (@elonmusk) by Turing_Machine on Wednesday April 29, 2020 @10:32PM (#23026899)
I guess the answer is no, then. I've noticed, though, that everyone who thinks other people should "do their part" is still getting paid.
Re:Free America Now (@elonmusk) by xkapastel on Wednesday April 29, 2020 @08:31AM (#23018296)
AFAICT the context is that he's been downplaying the severity of the pandemic for a while now. This is just the latest example.
Re:Free America Now (@elonmusk) by tecleandor on Wednesday April 29, 2020 @08:31AM (#23018297)
I don't think so. And his tweets aren't really aging well...

https://twitter.com/elonmusk/status/1240754657263144960

Re:Free America Now (@elonmusk) by bildung on Wednesday April 29, 2020 @08:35AM (#23018329)
He also implied there won't be more than 0.1% of the US population infected overall, https://twitter.com/elonmusk/status/1239755145233289217
Re:Free America Now (@elonmusk) by zaroth on Wednesday April 29, 2020 @11:39AM (#23020503)
I don’t see that. The paper he linked to in that tweet is a high level review of treatment options.

Where exactly do you see him saying that total prevalence would be 0.1%?

Re:Free America Now (@elonmusk) by bildung on Wednesday April 29, 2020 @12:05PM (#23020800)
You're right! Wrong link, and I can't find the correct one on twitter. But he also said it elsewhere, like in this letter to tesla employees: https://electrek.co/2020/03/17/elon-musk-tesla-coronavirus-p...
Re:Free America Now (@elonmusk) by zaroth on Wednesday April 29, 2020 @09:00PM (#23026402)
Thank you for that. Funny my comment still got downvoted. I’m pretty sure I made some enemies with my COVID opinions and someone has a bot downvoting all my posts at this point.
Re:Free America Now (@elonmusk) by pinkfoot on Wednesday April 29, 2020 @09:09AM (#23018643)
And he might still be right.

But - and here is the rub - it will be because the lockdown interrupted person-to-person transfers, and not because the inert bases making up the virus suddenly decided all by themselves, and all over the world, to lower their R0 from > 3 to < 1.

Re:Free America Now (@elonmusk) by bildung on Wednesday April 29, 2020 @09:33AM (#23018881)
> And he might still be right.

The US already has over 1M cases, so 0.3%?

Re:Free America Now (@elonmusk) by frank2 on Wednesday April 29, 2020 @09:37AM (#23018933)
1M confirmed cases; actual cases are many times higher than that.
Re:Free America Now (@elonmusk) by marvin on Wednesday April 29, 2020 @11:20AM (#23020296)
He was definitely wrong by a factor of 3, then! But probably more.
Re:Free America Now (@elonmusk) by JeanMarcS on Wednesday April 29, 2020 @08:30AM (#23018279)
Well, considering how he answers to other people in the feed, or the 2 precedent tweets (« Give people their freedom back!» and « Bravo Texas! » regarding a news saying business reopen in Texas), if it’s trolling, it’s a big one.
Re:Free America Now (@elonmusk) by criddell on Wednesday April 29, 2020 @11:43AM (#23020543)
He also worked on the ventilator problem. He clearly understands the pandemic problem so this tweet is a little dissonant.
Re:Free America Now (@elonmusk) by jinushaun on Wednesday April 29, 2020 @08:37AM (#23018337)
The more Musk tweets, the further away he gets from the visionary with dreams of Mars and the closer he gets to Trump. I used to be a fan, but I’ve found it impossible to defend Musk in recent years.
Re:Free America Now (@elonmusk) by dr_dshiv on Wednesday April 29, 2020 @08:42AM (#23018377)
I think the key is to allow enough intellectual diversity on the left so that someone like musk doesn't get pushed so easily into an outsider.

Being antirepublican, antiTrump and antilockdown is a valid position.

Re:Free America Now (@elonmusk) by kortex on Wednesday April 29, 2020 @09:16AM (#23018717)
But how antilockdown? Like, everyone can do what they want, no new rules, back to pre-covid?

I think that voluntary-only measures will cost a LOT of lives. I think everyone agrees more restriction == more lives saved, this is the classic argument for antiterrorism. Where people are diverging is where the best place to draw that line.

Maybe everyone should begin with a disclaimer of how many people they are willing to let die relative to essential-workers-only.

Re:Free America Now (@elonmusk) by dr_dshiv on Wednesday April 29, 2020 @11:40AM (#23020507)
Well, and being able to balance the fact that the massive spike in unemployment and economic collapse will actually result in lives lost.

That human aspect doesn't seem to be figured in to the situation; as though it is a matter of only money vs life. But the collapse will kill, too.

Re:Free America Now (@elonmusk) by DagAgren on Wednesday April 29, 2020 @12:38PM (#23021143)
Why exactly would the left want a union-busting, worker-absuing billionaire on its side? He is everything the left should be opposing.
Re:Free America Now (@elonmusk) by jinushaun on Thursday April 30, 2020 @06:39PM (#23037059)
This isn't about Left versus Right, or even Coronavirus. It's about Musk's transformation from Tony Stark to "Pedo Guy".
[dead]
Re:Free America Now (@elonmusk) by happytoexplain on Wednesday April 29, 2020 @09:03AM (#23018596)
Why the implied insult? Do you have a more complete reason to believe the downvotes are irrational?
Re:Free America Now (@elonmusk) by dr_dshiv on Wednesday April 29, 2020 @10:28AM (#23019651)
I don't mean to insult, sorry. But the politics around this are very real and there are intense emotions. I think it inhibits the discussion of reasonable approaches and tends to lump positions together unfairly.
Re:Free America Now (@elonmusk) by dyadic on Wednesday April 29, 2020 @08:32AM (#23018308)
He doesn't appear to be. He's calling for Americans to exercise their freedom in sacrificing themselves to the virus for the profit of the capitalists.
Re:Free America Now (@elonmusk) by stupidcar on Wednesday April 29, 2020 @08:53AM (#23018491)
Musk is a libertarian utopian-capitalist. He believes that humanity's lot and chances of long-term survival can only be improved by unrestrained, accelerated economic (and scientific and technological) growth. He's an Iain M Banks fan, and I think his ideal is probably reaching a sort of hyper-advanced, post-scarcity civilisation managed by benevolent AIs.

Therefore, from his perspective, the current lockdown is putting a huge brake on the progress necessary to help humanity and eventually reach utopia. Of course, more concretely, it also endangers his fortune and life's work, but people don't tend to like thinking of themselves as selfish to the point of acquiescing to mass death, so I imagine he rationalises his opposition to himself in this greater-good sense.

Re:Free America Now (@elonmusk) by thebooktocome on Wednesday April 29, 2020 @09:01AM (#23018573)
Banks had very little in common with Musk, ideologically.
Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @08:40AM (#23018360)
It's probably because the fremont factory stay at home order is extendend till end of may ? Thats crazy. It's about time to reopen the economy.
Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @08:44AM (#23018395)
Based on what data?
Re:Free America Now (@elonmusk) by TechBro8615 on Wednesday April 29, 2020 @12:27PM (#23021030)
As a start, the 21% of people with antibodies in NYC, indicating a 0.5% IFR.
Re:Free America Now (@elonmusk) by GarrisonPrime on Wednesday April 29, 2020 @08:58AM (#23018544)
Based on the drop in cases, ludicrously low infection and death rates, the need to balance healthcare system burden with a speedy development of herd immunity,and the economic devastation.

People can’t just say “it’s worth it if we save just one life”. Bullshit. Everything requires context, and being under lockdown has its own severe consequences. Including the loss of life.

Re:Free America Now (@elonmusk) by SolaceQuantum on Wednesday April 29, 2020 @09:14AM (#23018697)
It looks like it’s several times more deadly than the flu if a hospital can provide optimal treatment. Should we go ahead and rapidly infect everyone the death toll will go to Italy. Additionally, I would suspect that the cost of rapidly developing herd immunity, the subsequent uptick in deaths due to 1 in 5 or so people needing the hospital and unable to receive assistance because the hospital cannot take 1 in 5 people at once would probably crater the economy much harder and longer... Every economist I’ve looked at has said this?

(EDIT: also from what I’ve seen it is entirely possible that infection results in long term reduction in health like lung capacity. That’s super fucked if we infect everyone in that case!)

Re:Free America Now (@elonmusk) by IfIEverCatchYou on Wednesday April 29, 2020 @09:21AM (#23018774)
Faults in your argument:

Hospitals are mostly empty in the US.

Antibody testing is showing that herd immunity is rapidly growing.

Persons who could be severely infected by COVID are generally not in the workforce.

Re:Free America Now (@elonmusk) by SolaceQuantum on Wednesday April 29, 2020 @10:07AM (#23019381)
There is currently no proof that antibody testing is detecting antibodies greater than the false positive rate except in New York, which itself has biases in its study (only testing people who are already out in public, and that's only 1 in 5). Additionally there is no proof that the levels of antibody detected result in immunity or for that the levels of antibody will remain at immunity-levels long term.
Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @09:28AM (#23018840)
Could you provide sources for these three points?
Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @09:11AM (#23018663)
==Based on the drop in cases==

Friday and Saturday saw the highest single day totals of new cases.

==ludicrously low infection and death rates==

Nobody knows these rates because we can’t test enough people to know infection rates. People are dying at home so it will be a while until we know actual death rates.

==speedy development of herd immunity==

You and your family should jump to the front line and help build this immunity. I’ll protect my 2 year-old and pregnant wife in our home.

All we have to do is look to the 1918 flu to see the danger of opening up too soon. Making up strawman quotes from your “opposition” doesn’t change the data on this virus or the history of past viruses.

Re:Free America Now (@elonmusk) by TechBro8615 on Wednesday April 29, 2020 @12:30PM (#23021052)
New cases are really pretty meaningless considering the confounding variable of increased testing. New hospitalizations is a much more reliable statistic, followed by new deaths, both of which are down in many (most?) states. In New York for example, new hospitalizations have been decreasing for 15 days.
Re:Free America Now (@elonmusk) by IfIEverCatchYou on Wednesday April 29, 2020 @09:25AM (#23018816)
> You and your family should jump to the front line and help build this immunity. I’ll protect my 2 year-old and pregnant wife in our home.

This is exactly how the pandemic should have been handled. Personal risk should have been allowed to be determined by the individual, not the state, at the expense of personal rights.

Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @09:35AM (#23018901)
The obvious flaw is that we know people can be asymptomatic carriers. That means they can put others at risk which violates the personal rights of those individuals.

This also can’t be done without significant testing which still isn’t available 9 weeks after declaring a public health emergency.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @09:41AM (#23019004)
If think you at risk then you stay at home. If you force other to stay at home you too violates the personal rights of those individuals.
Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @10:06AM (#23019366)
The Patriot Act violates my personal right to secrecy. Stop lights violate my personal right to cross intersections as I please. And on and on.

Welcome to civilized society, sorry it's such an inconvenience.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @10:22AM (#23019582)
Yes, In a society, a right is being uphold because the side who support it, successfully fight and defend it.

>The Patriot Act violates my personal right to secrecy. Stop lights violate my personal right to cross intersections as I please. And on and on.

You don't have those right because you fail to successfully fight and defend it

Thats why elon musk is making the tweet, to fight and defend his rights.

Welcome to society, sorry it work that way.

Re:Free America Now (@elonmusk) by lostmsu on Wednesday April 29, 2020 @12:07PM (#23020821)
Well, he won't get that right. People are not stupid enough.
Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @09:27AM (#23018833)
>You and your family should jump to the front line and help build this immunity

Yes by allowing people to go outside, work and do their normal activity. It builds their and other people immune system. Prolong lockdown will cause immune system to go down.

Re:Free America Now (@elonmusk) by orwin on Wednesday April 29, 2020 @12:47PM (#23021253)
We are on HN, not on a forum on healthy diet and recipe with this "bolster immune system" nonsense (that i accept reading on those forums). If something seems logical and simple, it just means you have to do your own research.

Either you are immunodepressed or you are not. Well, actually you can have an hyperactive immune system, that's what Dr house call a lupus, or a cykotine storm.

Really fast and with no details : You can boost your protective response going out and interacting with other people/kids but this will not boost your immune system. I understand this is an easy confusion as the protective response is caused by the immune system but i assure you, this is not the same thing.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @08:58AM (#23018541)
Based on economy going to the ruin and risking people life.

Prolong lockdown will reduce your immune system as well.

Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @09:02AM (#23018587)
So, no actual data?

The solution is to risk even more lives by sending people back to work? Again, I’d like to see the data behind that calculation.

If you’re interested in people’s lives, maybe we can work on universal healthcare, increasing minimum wages, or guaranteeing sick-leave?

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @09:04AM (#23018605)
So you want to risk people life by not allowing them to work ?
Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @09:15AM (#23018704)
Provide data that shows it is a larger risk. Without that data you are arguing based on ideology not facts.

The thing about not working is that we have government mechanisms to help those people. We can beef up social security, unemployment benefits, or direct payments. Then people can go back to work afterwards. Work will always exist. It exists even now with a “closed” economy.

The thing about dying is that it’s pretty final.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @09:22AM (#23018786)
>We can beef up social security, unemployment benefits, or direct payments

If you give people money for not working, who are going to work then ? Money will become meaningless if you can't use to buy stuff.

Re:Free America Now (@elonmusk) by take_a_breath on Wednesday April 29, 2020 @10:12AM (#23019443)
==Money will become meaningless if you can't use to buy stuff.==

I don't follow this line of thought. We already give people money for not working (examples are social security and unemployment benefits). None of that has made money obsolete. Why would a temporary measure in the midst of a once-in-a-lifetime pandemic?

Why don't I see people make this same argument about businesses getting money from the government? Will money become meaningless for businesses? Do people stop trying to earn money once they reach a certain level? Elon Musk certainly hasn't.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @10:28AM (#23019647)
Ok tell me then, let say the government give people money for not working then why would people then want to work on let say grocery store where you suggest its risky ?
Re:Free America Now (@elonmusk) by falcolas on Wednesday April 29, 2020 @09:20AM (#23018757)
So you want to risk people’s lives by forcing them to work?

And yes, it is forcing. Amazon, a fantastic example right now, is removing the ability for warehouse workers to stay at home, unless they take unpaid leave. No pay, no healthcare benefits, unless you go into a warehouse and risk your lives.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @09:28AM (#23018842)
I didn't say force, if you don't want to work then don't work.
Re:Free America Now (@elonmusk) by pinkfoot on Wednesday April 29, 2020 @09:17AM (#23018731)
Ok, I'll bite: where are the coffins of all the people who have died in the last four weeks from not working?

Because I can show you lots of coffins from people in NY and Italy who went to work whilst the pandemic was raging.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @09:25AM (#23018819)
you don't think no people will die by not be able to afford basic necessities due to not working ?
Re:Free America Now (@elonmusk) by pinkfoot on Wednesday April 29, 2020 @09:41AM (#23019003)
Oh, I do.

So show us the model (we still do that right?) when the death by virus numbers are less than the death by poverty numbers.

But you can't becuase you didn't. You just "feel" its time.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @10:02AM (#23019311)
So if the death by poverty is less than death of virus, then continue lockdown ? Must be sucks to be the one who dying due to poverty caused by lockdown.
Re:Free America Now (@elonmusk) by pinkfoot on Wednesday April 29, 2020 @10:08AM (#23019388)
Of course not, and here is why: lockdown is not binary, there are degrees of lockdown.

So, when you help us all out with the model of deaths-by-lockdown that informed your decision, we can all benefit from it by comparing it against the latest, updated death-by-covid-19 models and making an informed choice about the degree (if any) of lockdown to pursue.

The lesser evil.

But of course no such model exists. Its all just emoting. Happy to be wrong.

Re:Free America Now (@elonmusk) by matz1 on Wednesday April 29, 2020 @10:40AM (#23019802)
So both are evil, must be suck to be the one affected by the "less" evil decision.
Re:Free America Now (@elonmusk) by c0nducktr on Wednesday April 29, 2020 @10:18AM (#23019537)
Every time someone responds to you, you pivot.
Re:Free America Now (@elonmusk) by dr_dshiv on Wednesday April 29, 2020 @08:37AM (#23018339)
I think his opinion is that the Coronavirus threat has been overblown and is perhaps the biggest direct threat to the future of Tesla.

Following, "We're working on ventilators, even though I think there will not be a shortage by the time we can make enough to matter"

I haven't checked recently, but I believe the vast majority of hospitals are not overwhelmed nor short of ventilators -- but is there any source of data on bed shortages or ventilator shortages? (That was the point of flattening the curve)

Re:Free America Now (@elonmusk) by IfIEverCatchYou on Wednesday April 29, 2020 @09:16AM (#23018713)
Like herd immunity, the large stockpile of ventilators will help forestall future pandemic lockdowns.
Re:Free America Now (@elonmusk) by Fjolsvith on Wednesday April 29, 2020 @08:32AM (#23018305)
Perhaps its because of the violation of his company's employee's constitutional rights by local government.
Re:Free America Now (@elonmusk) by colejohnson66 on Wednesday April 29, 2020 @08:41AM (#23018372)
I’m genuinely curious. I hear this “constitutional rights” line from many conservatives. What rights are being violated?
Re:Free America Now (@elonmusk) by dr_dshiv on Wednesday April 29, 2020 @08:43AM (#23018386)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Re:Free America Now (@elonmusk) by happytoexplain on Wednesday April 29, 2020 @08:49AM (#23018458)
There's an argument to be made that assembling right now in certain numbers is necessarily not peaceable, if it puts others in danger.
Re:Free America Now (@elonmusk) by Fjolsvith on Wednesday April 29, 2020 @09:02AM (#23018583)
Exactly. If one draws the distinction that children aren't allowed in bars, alcohol stores or adult bookstores, why can't persons who are vulnerable not be allowed where people assembling might cause them vulnerable harm?

This would allow people their freedom to assemble.

Re:Free America Now (@elonmusk) by happytoexplain on Wednesday April 29, 2020 @09:17PM (#23026495)
While I appreciate the attempt to find a compromise, this example is totally inappropriate for an infectious disease in a population.
Re:Free America Now (@elonmusk) by Fjolsvith on Thursday April 30, 2020 @05:55PM (#23036642)
Well then, consider the bubble boy who was immunodeficient. All those vulnerable to the degree it is life threatening can get one of those and let everyone else get on with their lives.
Re:Free America Now (@elonmusk) by JoeAltmaier on Wednesday April 29, 2020 @09:38AM (#23018942)
Its the old "yelling fire in a crowded theatre" issue. Certainly epidemics qualify as a reasonable cause for asking people to stay home.
Re:Free America Now (@elonmusk) by Fjolsvith on Wednesday April 29, 2020 @12:44PM (#23021227)
> asking people to stay home.

Unfortunately, most governors made it a crime to not stay home.

Re:Free America Now (@elonmusk) by hef19898 on Wednesday April 29, 2020 @08:50AM (#23018466)
You still can worship, you can still say whatever you want. Musks tweet being proof for the latter.
Re:Free America Now (@elonmusk) by Fjolsvith on Wednesday April 29, 2020 @09:03AM (#23018594)
You just can't assemble at a Tesla car factory.

Edit: No pun intended.

Re:Free America Now (@elonmusk) by krapp on Wednesday April 29, 2020 @09:02AM (#23018589)
What law did Congress pass?
Re:Free America Now (@elonmusk) by IfIEverCatchYou on Wednesday April 29, 2020 @09:14AM (#23018694)
Just because Congress didn't make the gubernatorial orders doesn't excuse state governors from these constitutional rights violations.
Re:Free America Now (@elonmusk) by krapp on Wednesday April 29, 2020 @09:40AM (#23018982)
>Just because Congress didn't make the gubernatorial orders doesn't excuse state governors from these constitutional rights violations.

They aren't constitutional rights violations by definition. Congress (and, explicitly, as written, only Congress as a body) is prevented from passing laws at a national level forcing states to violate their citizens' right to speech and assembly, but states have the right to do so of their own accord (as states by default claim all powers not given to the Federal government), and precedent has allowed it under exigent circumstances, such as 9/11 and prior pandemics.

One could argue that the lockdown orders are unnecessary, but I think that would only be apparent in hindsight, and even then it would turn out to be a misuse of power that states legitimately have, but not abuse or an unlawful exercise of power, unless certain conspiracy theories about "globalist elites" turned out to be true (spoiler: they won't.)

Re:Free America Now (@elonmusk) by zaroth on Wednesday April 29, 2020 @11:44AM (#23020559)
> They aren't constitutional rights violations by definition.

IANAL, but pretty sure that’s not how it works. Articles incorporated against the State prevent the State from passing laws that violate the Article.

The Attorney General specifically has told the DOJ to be on the lookout for over-reach by the States in these lockdown orders.

Re:Free America Now (@elonmusk) by krapp on Wednesday April 29, 2020 @12:42PM (#23021193)
>IANAL, but pretty sure that’s not how it works. Articles incorporated against the State prevent the State from passing laws that violate the Article.

IANAL either, but here are examples of legal decisions and opinions by the various courts including the Supreme Court which appear to disagree with you[0-2], as well as some articles [3-4] which provide a basis for a legal argument that states have the right to restrict the movements of citizens in the name of public safety, including the imposition of quarantine measures, and that these powers are not a violation of the constitution. What is not constitutional is a national quarantine enacted by Congress.

>The Attorney General specifically has told the DOJ to be on the lookout for over-reach by the States in these lockdown orders.

Indeed, here's an article on that[5] with the following quoted from a memo by AG Barr himself:

    "If a state or local ordinance crosses the line from an appropriate 
    exercise of authority to stop the spread of COVID-19 into an overbearing 
    infringement of constitutional and statutory protections, the Department 
    of Justice may have an obligation to address that overreach 
    in federal court."
So even from the AG's own pen, we have the admission that states do have appropriate authority in this case, although that authority is limited and can be abused. This is a different and more nuanced argument than the one apparently made by GP, that the first amendment prevents states from having any such authority at all. If that were the case, the AG wouldn't be telling the DOJ to be on the lookout for something that already exists in plain sight.

[0]https://casetext.com/case/best-v-st-vincents-hospital

[1]https://scholar.google.com/scholar_case?case=538811625763396...

[2]https://supreme.justia.com/cases/federal/us/441/418/

[3]https://nationalinterest.org/blog/buzz/yes-all-coronavirus-c...

[4]https://www.courier-journal.com/story/news/2020/04/19/protes...

[5]https://nypost.com/2020/04/28/barr-tells-prosecutors-to-look...

Re:Free America Now (@elonmusk) by zaroth on Wednesday April 29, 2020 @04:13PM (#23023633)
You started with "these aren't constitutional rights violations by definition" which is specifically what I took issue with, and now moved into explaining why you believe these measures may survive strict scrutiny.

You can certainly make an argument that these measures satisfy "strict scrutiny" as being both necessary, as well as the least restrictive means possible to accomplish the goal. I merely hope we can agree on the correct framework for evaluating whether State and Local quarantine measures are constitutional or not.

To be clear, I believe any State or Local regulation limiting freedom of assembly (which necessarily involves freedom to assemble publicly) whether it be for health reasons or otherwise, has to pass "strict scrutiny" which is the legal term for how high the bar is set to prove the measure is Constitutional. In these cases it is incumbent on the government to prove the measure should be deemed Constitutional, which is flipped from how it normally is.

To quote Wikipedia;

1. that the law is necessary to a "compelling state interest";

2. that the law is "narrowly tailored" to achieving this compelling purpose;

3. that the law uses the "least restrictive means" to achieve the purpose.

The legal cases you link to are specific actions taken against individuals. An executive order ordering the quarantine of a single person. A mental health examination of a single person. None of them involve blanket orders against large populations.

The news articles are editorials, including the following quotes;

> "Pandemic is not a magic word that instantly negates all individual constitutional rights," said Jonathan Turley, a law professor at George Washington University. "A pandemic gives states a compelling state purpose in the imposition of restrictions. But when the state denies or restricts constitutional rights, it must satisfy a balancing test." The orders can be challenged on the basis that they're overly broad, he said, or that they don't properly weigh the individual restrictions against public health threats. Turley pointed to Michigan, a state he thinks has an order broad enough that it could be challenged.

Re:Free America Now (@elonmusk) by krapp on Wednesday April 29, 2020 @04:33PM (#23023916)
>You started with "these aren't constitutional rights violations by definition" which is specifically what I took issue with, and now moved into explaining why you believe these measures may survive strict scrutiny.

I used the latter as a means of criticizing the former - if these measures were unconstitutional by definition, it would be impossible for them to survive strict scrutiny even in theory. Even AG Barr's memo concedes their legality, while warning about the potential of abuse.

Otherwise I think we're in violent agreement.

Re:Free America Now (@elonmusk) by zaroth on Wednesday April 29, 2020 @04:45PM (#23024061)
I can agree with: "These aren't ipso facto constitutional rights violations."

Totally disagree with: "By definition, these aren't constitutional rights violations."

So I think we do probably violently agree, and I probably misinterpreted your: "These aren't constitutional rights violations by definition." statement.

Another way to think about it is that they obviously do violate Constitutional rights, but this is actually allowed only under very specific and limited circumstances, of which COVID may in fact be one of, but such a thing has never been tested in front of the Supreme Court as far as I'm aware.

Re:Free America Now (@elonmusk) by krapp on Wednesday April 29, 2020 @05:46PM (#23024783)
I think so, the first statement is what I meant. Today doesn't seem to be my day for getting points across.
Re:Free America Now (@elonmusk) by Fjolsvith on Wednesday April 29, 2020 @12:50PM (#23021296)
When the issue goes to the SCOTUS, I'm sure that parallels will be drawn to how our society manages restricting vulnerable populations versus restricting all population.

An example would be how children aren't allowed in establishments whose sole purpose is to sell adult restricted items like alcohol or pornography.

Re:Free America Now (@elonmusk) by krapp on Wednesday April 29, 2020 @01:45PM (#23021993)
Everyone is vulnerable during a pandemic though, and the US is suffering from the effects of a lack of critical foresight and initial preparedness. I have no doubt at all that this is going to wind up in the Supreme Court but I don't think it's a cut and dry case.
Re:Free America Now (@elonmusk) by Fjolsvith on Wednesday April 29, 2020 @05:41PM (#23024720)
For the first time in history, everyone is vulnerable during a pandemic? Not so.

For the first time in history, everyone is locked down during a pandemic? Yes.