Re:Elon Musk reopening Tesla factory despite Alameda County ...
by contravariant on Tuesday May 12, 2020 @06:47AM
(#23152606)
This isn't any more a violation of the First Amendment than making it illegal to sow panic by shouting "Fire!".
Being pretty sure it's not going to end too badly isn't sufficient reason to ignore either restrictions.
Re:Elon Musk reopening Tesla factory despite Alameda County ...
by jeffdavis on Tuesday May 12, 2020 @10:48AM
(#23154584)
Even if it's not a violation of the First Amendment, it's close enough that it flips the responsibility. Now the government needs to continually convince people that it's not a violation.
America is about freedom and limited government. That means some policy options are off the table or treated with extreme skepticism.
Re:Elon Musk reopening Tesla factory despite Alameda County ...
by contravariant on Wednesday May 13, 2020 @03:51AM
(#23164538)
It's a violation of basic freedoms, that's true, but it's not one without reason (hence my example). I do agree with you that measures like this require constant justification, as would be the case in any democracy. I do not think that flouting these measures arbitrarily is the best way to achieve this.
In all likelihood, these closures are a direct violation of the First Amendment. I think people are tolerant of these restrictions for limited periods of time, but when the emergency drags on forever and becomes increasingly arbitrary, it starts to lose credibility.
Politicians have limited power, even during an emergency. And especially when the emergency looks like it's going to be in effect to some degree for maybe a year.
Remember also that the people who go out are doing so by choice. And most people mostly choose to stay home. It's not clear that we need a big enforcement hammer here.