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Category Archives: First Amendment

Lawmakers say Walz order is a violation of The First Amendment – KWLM (Willmar Radio)

Posted: April 18, 2020 at 7:02 pm

(Willmar MN-) One area lawmaker says he thinks Governor Tim Walz' Stay at Home order violates the First Amendment by closing churches. Minnesota Christians were forced to celebrate Easter Sunday at home, watching services on the internet or listening on the radio instead of attending at their places of worship. On Legislative Review Saturday, Representative Tim Miller of Prinsburg said the governor's Stay at Home order which caused churches to close their doors is a violation of the separation of church and state...

...Representative Dean Urdahl of Grove City said he's been told people attending drive-up church services from their cars have been threatened...

...Urdahl says the governor's decrees are directives, but they need to be made into law by statute in order to be enforceable. Urdahl says the current government reaction to Covid 19 has had unintended consequences, and there needs to be flexibility.

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Real-time updates: Drive-through coronavirus testing available in Grays Harbor County this weekend – KING5.com

Posted: at 7:02 pm

Key facts:

Read previous daily coronavirus updates here

Drive-through coronavirus testing available in Grays Harbor County

Officials with Grays Harbor Public Health say coronavirus (COVID-19) testing is now available at their drive-through testing site in Aberdeen - by appointment only.

The testing is free and open to anyone 18 years of age or older who are showing symptoms of COVID-19, such as fever, cough, or shortness of breath.

The testing site is open through this weekend April 18-19 with coordination between Grays Harbor Public Health Incident Management Team and the Washington Army National Guard.

People wanting to get testing can call the public health call center ahead of time at 360-964-1850 to set up an appointment. The call center is open seven days a week from 8:30 a.m.--4 p.m.

Officials say Grays Harbor County currently has an abundance of tests available, and now would be a good time to get tested if you suspect you may have COVID-19.

More information on the Grays Harbor County Public Health website.

Boeing helps deliver face masks to healthcare workers

Boeing announced it used a 737-700 aircraft from its corporate fleet to bring personal protective equipment (PPE) from China to the United States on Saturday.

The company transported 540,000 medical-grade face masks that will be delivered to healthcare workers battling coronavirus in New Hampshire, according to a release from Boeing.

The operation was possible due to a partnership between Boeing and FIRST Robotics founder Dean Kamen, according to the release.

Boeing said other similar missions are planned for the future.

Canada-U.S. border to remain closed to non-essential travel another 30 days

Canadian Prime Minister Justin Trudeau says the U.S. and Canada have agreed to keep the border closed to nonessential travel for another 30 days.

Trudeau says it will keep people on both sides of the border safe amid the pandemic. U.S. President Donald Trump said Wednesday the U.S.-Canada border will be among the first borders to open. Nearly 200,000 people normally cross the border daily.

The U.S. has more confirmed cases and deaths from COVID-19 than any country in the world. The U.S. and Canada agreed last month to limit border crossings to essential travel amid the pandemic. The agreement was due to expire this week.

New coronavirus cases reported Friday in Washington:

In Washington, 131,627 people have tested for coronavirus and 8.7% of those tests have been positive, according to the Washington State Department of Health

COVID-19 survivors could help patients by donating blood plasma

The blood of COVID-19 survivors could lead to a potential treatment of the respiratory disease that has sickened more than 11,000 people in Washington state, including more than 500 deaths, state officials say.

Bloodworks Northwest, the Washington State Department of Health and federal agencies are contacting people who have recovered from COVID-19 to ask them to consider donating blood plasma to see if antibodies in their immune systems can help treat people who are currently sick. Antibodies are the immune system's response to a viral infection like coronavirus.

Some of the plasma will be transfused into current patients (called convalescent plasma). Other plasma will be used to create concentrated antibodies (called hyperimmune globulin). Both have been successfully used to treat other infectious diseases.

The FDA regulates convalescent plasma when it is infused into patients as an investigational new drug.

Fremont Solstice Parade postponed until June 2021

The Fremont Solstice Parade and Celebration, the annual event which includes large puppets, naked cyclists and community groups, has been postponed until June 2021. The event originally had been scheduled this year for June 20.

West Seattle Summer Fest canceled amid pandemic and bridge closure

The West Seattle Summer Fest, which has been a July tradition since 1982, has been canceled, after the neighborhood was hit with both the statewide stay-home order and the sudden and indefinite closure of the West Seattle Bridge.

The 2020 Summer Fest was scheduled for July 10 - 12. Organizers are developing a plan for a community block party for when it's safe to gather, and they are planning to bring Summer Fest back in 2021.

Many Seattle summer events have been canceled, including Northwest Folklife, Seattle Pride and the Seattle International Film Festival.

Inslee blasts Trump for 'fomenting domestic rebellion'

Washington Gov. Jay Inslee criticized President Donald Trump, after the president took to Twitter Friday with the kind of rhetoric some of his supporters have used to protest the lifting of the stay-home orders that have thrown millions of Americans out of work.

LIBERATE MINNESOTA! LIBERATE MICHIGAN! LIBERATE VIRGINIA, Trump wrote on Twitter, while also lashing out at New York Gov. Andrew Cuomo for complaining about the federal response.

On Thursday, Trump detailed a three-step set of guidelines for methodically easing the restrictions over a span of several weeks in places that have robust testing and are seeing a decrease in COVID-19 cases, assuring the nation's governors: Youre going to call your own shots."

Inslee wrote in a statement that President Trumps's statements are putting millions of people in danger of contracting COVID-19.

"His unhinged rantings and calls for people to 'liberate' states could also lead to violence. Weve seen it before," Inslee's statement reads in part. "The president is fomenting domestic rebellion and spreading lies even while his own administration says the virus is real and is deadly, and that we have a long way to go before restrictions can be lifted."

Throughout the country, there are a protests of stay-home orders planned at state capitols over the weekend, including in Olympia. At a press conference Thursday, Inslee said that he hoped that the protesters would practice social distancing while exercising their first amendment rights.

DSHS providing disaster cash assistance

Beginning Friday, April 17, the Department of Social and Health Services is providing emergency cash assistance to some Washington residents to help people meet their immediate needs.

The federal government approved implementing the Disaster Cash Assistance Program in the state following Gov. Jay Inslee's emergency declaration.

Washington residents can apply for emergency cash through DSHS if they are not eligible for other assistance programs. The assistance is available to everyone who meet the income and resource limits of the program. More than 175,000 households may be eligible.

Having access to this emergency aid is critically important to helping people meet their immediate, basic needs, like shelter costs, utilities, clothing, minor medical care, household supplies and transportation costs for work, explained Babs Roberts, director of DSHS Community Services Division. Were pleased Governor Inslee made these funds available so that we can extend the benefits to Washingtonians who are most in need during this unprecedented time.

Eligible households or individuals receive benefits for one month in a year period during an emergency.

The benefit amount depends on household size, income, and need. The maximum a single person can receive is $363; the maximum for a household of eight or more is $1,121.

UW Medicine Virology lab gets shipments of antibody blood test

The UW Medicine Virology lab is receiving shipments of a laboratory-based antibody blood test for clinical use and will allow doctors to check people for infection of coronavirus.

The clinical lab tests began shipping April 16. They are expected to improve the understanding of the coronavirus, including how long antibodies stay in the body and whether they provide immunity.

Ultimately, the tests could help support the development of treatments and vaccines.

Testing will start rolling out next week, according to health officials. Testing by the thousands per day will be possible and will be another tool in the fight against the virus.

Read previous daily coronavirus updates here

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With the public’s need to know greater than ever, the D&C fights for info on outbreak – Democrat & Chronicle

Posted: at 7:02 pm

Dr. Michael Mendoza, Monroe County public health commissioner on how to understand the data and what is happening in nursing homes and hospitals. Rochester Democrat and Chronicle

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.

-- The First Amendment of the U.S. Constitution

D&C journalists have been WFH for four weeks now, coaxing information from sources while within earshot of a spouse or the kids or the dog or the cat, or maybe within earshot of all of the above.

Our intrepid photographers, wearing various forms of PPE, have been all about town illustrating Rochester's response to the coronavirus crisis.

Michael Kilian, executive editor, Democrat and Chronicle(Photo: File photo)

Our front-line editors and producers, the air-traffic controllers of our journalism, guide the stepped-up flow of news remotely from their kitchen tables, typing up a furious storm of IMs day and night.

And as executive editor, my day is filled with video chat meetings held in what the @hamiltonmusical folks playfully refer to as "The Zoom Where It Happens." ("Say what you like, but we'll never really know until you unmute your mike.")

In a national and local crisis, the Democrat and Chronicle isproducing significantly more stories and video and reaching more readers than usual, even as our newsroom sits empty. Only digital technology and no small amount of ingenuity by my colleagues makethat possible.

Yet when I think of our empty building at the corner of East Main and Clinton, what I see in my mind's eye are not all of our technology but 45 words on a wall. Those words are etched on the east wall in our largest meeting space, aptly called the First Amendment Room.

Those words make up thefirst item in the Bill of Rights written by James Madison 230 years ago. They'veshaped America as much or more than any other words our nation's founders wrote.

If you're celebrating the resurrection of Jesus Christ today on Easter, or you held seders last week to mark Passover, or you will soon fast for a month's time in observance of Ramadan, your right to do so is protected in the First Amendment.

And freedom of religion is not the only one the amendment makes possible:

The other freedom protected by the First Amendment obviously is freedom of the press. It's what makes the D&C's work possible.

Our nation's founders no doubt had as many issues with the press of their time as our current leaders do with the press today. Nonetheless, those founders were wise enough to recognize that a press operating independently of the government could give voice to the people and the people's concerns.

More: When you need the news, remember the news needs you

The people's concerns? Our current public-health crisis has generated an untold number of them.

What is government doing to protect our health?

Could more be done to lessen the toll of illness and death in our nursing homes?

Could work for front-line employees in grocery stores, in the public transit system and elsewhere be made more safe?

How can public-health messages be modified and improved to reach residents of diverse neighborhoods where the toll is tending to be higher than elsewhere (zip code 14609 in Northeast Rochester in our case)?

What do mathematical models show us about the eventual course of the outbreak?

Why is it so hard to obtain unemployment benefits?

And, the $64,000 question, when will the local and state economy re-open, and how can that be done in a manner that doesn't re-ignite the coronavirus'sspread?

More: How to support Rochester businesses

Our reporters have been asking these questions and more daily over the past five weeks, as seen in this video interview with Monroe County Public Health Commissioner Michael Mendoza on Friday. And we'll continue to press questions until this is over.

This just in: I'm pleased to say the act of me writing this column is allowing me to break some news. I'd written the following threeparagraphs, then reached out to Monroe County Director of Communications Julie Philipp (a former D&C colleague)to let her know what we were suggesting. Her response follows thesethree paragraphs.

We recognize Monroe County officials are swamped with life-and-death decisions daily, yet we encourage County Executive Adam Bello's administrationto make 1-2 key officials available daily for the duration for reporters to question. Too much can happen in a day, or two, or three, in this crisis, and the public will benefit most from having clarity every day.

Indeed, Gov. Andrew Cuomo has shown the power of the daily divulging of new information and the taking of reporters' questions. His daily presentations have become must-watch TV, and not simply in New York state. He is presenting astoryline that the public can follow each day and understand.

What does a local version of that look like? I don't think it'd be going out on a limb to suggest it would benefit public health and morale in greater Rochester.

The county's Philipp replied to me: "We are setting up a studio at the EOC (Emergency Operations Center) so we can do regular briefings." These briefings might begin as Zoom video conferences, she said.

The D&C is grateful for the county's looming effort.

Such briefings (preferably daily)would help reporters at the D&C and at other local news outlets do our jobs best. And when we do our jobs best even WFH or wearing PPEor typing IMs or Zooming it's because we know quite well for whom the founders wrote the First Amendment: You, ourreaders and viewers.

I pledge to you this:None of us asked for this crisis, and each of us dreams of the day it will bebehind us. Until then, the D&C is with you and for you and this great community and state every step of the way.

Thanks for reading.

Michael Kilian is executive editor of the Democrat and Chronicle. Reach him at MKILIAN@Gannett.com.

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COVID-19 Didn’t Permit Government To Do Anything It Wants To Churches – The Federalist

Posted: at 7:02 pm

COVID-19 has touched every aspect of our lives, and our religious freedom is no exception.As the world deals with this pandemic, churches are finding creative solutions to minister to people in crisis. Yet too often they face unsympathetic or even hostile government officials, intent on needlessly shutting down their efforts.

Take Greenville, Mississippi, for example. During Holy Week, Temple Baptist Church found itself in the national spotlight after it invited congregants to safely gather and pray together, drive-in style, with congregants staying inside their cars.

Thats why my colleagues and I at Alliance Defending Freedomfiled a lawsuit in federal court on Good Friday on behalf of Temple Baptist. Eight uniformed Greenville police officers went to a Wednesday night church service and ticketed church members $500 apiece for attending a drive-in service that complied with state safety and Centers for Disease Control and Prevention guidelines.

In response to the lawsuit, the city refrained from ticketing congregants on Easter Sunday. But then on Monday, the mayor held a press conference and said that while the citations issued to Temple Baptist congregants would be dropped, Greenvilles unconstitutional ban on drive-in church services would remain in full force against future services.

But the First Amendment is not so easily ignored. ADF hasasked the court for a temporary restraining order, and theU.S. government has filed a statement of interestin the case in support of the church. A different federal courtcalleda similar ban in Louisville, Kentucky, stunning and beyond all reason unconstitutional.

Churches play an important role in providing both spiritual and physical support during challenging times, such as this pandemic. The whole point of conducting a drive-in church service is to provide this support while protecting individuals health and safety. That is why Temple Baptist instructed congregants not to leave their cars or access the church building for any reason.

Yet in Greenville, you can park at a drive-in restaurant with your windows wide open, but you cant park in a church parking lot with your windows closed to attend a church service. Thats nonsensical and unconstitutional.

Government restrictions on First Amendment freedoms must serve both a compelling government interest and do so in the least restrictive means possible. As the U.S. Department of Justice notes in itsstatement of interest, it is unclear why prohibiting these services is the least restrictive means of protecting public health, especially if, as alleged in the complaint, the city allows other conduct that would appear to pose equal if not greater risks.

Such restrictions must also be neutral toward religion and apply equally to everyone. Again, the DOJ said: In addition to appearing non-neutral, the churchs allegations also tend to show that the citys emergency actions are not applied in a generally applicable manner. The church alleges facts tending to show that conduct is being permitted for various secular reasons when equivalent conduct is being forbidden to churches holding drive-in services.

Unfortunately, these situations, as surprising as they are, are not isolated. Every day, ADF receives dozens of inquiries related to COVID-19. In most of these instances, authorities have been quick to respond the right way, fixing their mistakes and finding a better way forward. Every time this happens, everyone wins. During this time, we need spirits of cooperation, not division and political posturing. The Constitution doesnt prevent good policies; it ensures better ones.

Sadly, in North Carolina, government officials in bothCharlotteandGreensboro used COVID-19-related orders as an excuse to unconstitutionally silence disfavored religious and political speech. Representatives of Love Life and Cities4Life, the organization led by David Benham, were arrested for praying outside open abortion clinics, even though both nonprofit groups are considered exempt service organizations under applicable Wuhan virus-related orders orders the groups heeded, including staying at least six feet apart at all times.

These cases underscore the need for balance in times of crisis. We can prioritize the health and safety of ourselves and our neighbors without harming churches and people of faith. Banning church services and arresting pro-life citizens isnt about public health and safety, its about some government officials silencing speakers they dont like. The First Amendment rejects that kind of religious targeting, no matter the excuse.

In this time of uncertainty, churches and people of faith should continue to seek creative ways to worship, as well as to love and serve their communities. At the same time, governments should protect health and public safety while also respecting the faith-based needs of their churchgoing citizens. Thats a constitutional approach that helps everyone.

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First Amendment Win – Radio Ink

Posted: April 11, 2020 at 7:21 pm

On Monday The FCCs Office of General Counsel and Media Bureau rejected a petition by Free Press demanding a government investigation into broadcasters that have aired statements by President Trump during White House Coronavirus Task Force briefings and related commentary regarding the coronavirus pandemic by other on-air personalities.

The letter order, co-signed by General Counsel Thomas M. Johnson, Jr. and Media Bureau Chief Michelle Carey, notes that Free Press petition seeks remedies that would dangerously curtail the freedom of the press embodied in the First Amendment and misconstrues the Commissions rules. The decision also makes clear that the FCC will neither act as a roving arbiter of broadcasters editorial judgments nor discourage them from airing breaking news events involving government officials in the midst of the current global pandemic.

Following the denial of Free Press petition, Chairman Pai issued this statement:: Under my leadership, the FCC has always stood firmly in defense of Americans First Amendment freedoms, including freedom of the press. And so long as I am Chairman of this agency, we always will. The federal government will notand never shouldinvestigate broadcasters for their editorial judgments simply because a special interest group is angry at the views being expressed on the air as well as those expressing them. In short, we will not censor the news. Instead, consistent with the First Amendment, we leave it to broadcasters to determine for themselves how to cover this national emergency, including live events involving our nations leaders.

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Knight First Amendment Institute Sues The CDC For Failing To Provide Details Of Its Media Gag Order – Techdirt

Posted: at 7:21 pm

from the silence-is-a-bad-idea dept

We've talked quite a bit about the importance of clear and transparent government during the COVID-19 pandemic, and how China's (ongoing) refusal to allow for people to speak out almost certainly contributed to the pandemic becoming even worse. And now the same situation has been showing up across the US as well. We've talked about hospitals firing doctors and nurses for speaking out about supply shortages, and now there's news that the US Navy fired the captain of the USS Theodore Roosevelt, Brett Crozier, after he sent his bosses a letter pleading for help as COVID-19 was spreading throughout his crew. Rather than recognize that he was pleading for help, they fired him... because his letter got out to the media and it made them look bad.

The Navy fired the captain of the USS Theodore Roosevelt on Thursday, four days after he pleaded for help as the coronavirus ravaged his crew, the Navy announced.

Acting Navy Secretary Thomas Modly announced that Navy Capt. Brett Crozier was relieved for loss of confidence.

"I just know that he exercised extremely poor judgment," Modly said.

But, perhaps the worst of all appears to be the gag order on actual infectious disease experts within the US government. Back in late February, when VP Mike Pence was first put officially in charge of responding to the COVID-19 threat, it was quickly reported that the White House had put in place a media gag order on all government officials, saying that all communication had to go through Pence's office. Indeed, various media appearances were cancelled by top CDC officials.

In response to this, the Knight First Amendment Institute at Columbia had sent a detailed FOIA request asking for any records regarding policies and procedures governing public communications by CDC employees and contractors, as well as a variety of related items, including instructions sent by the CDC's Public Affairs office. Having not received a response, the Knight Institute has now sued the CDC demanding it turn over the information as soon as possible. Given the situation, you can see why this might be pretty damn urgent.

We are in the midst of a global pandemic. The novel coronavirusand thedisease that it causes, COVID-19has spread to all fifty states. According to the Johns HopkinsCoronavirus Resource Center, as of April 2, more than 215,000 people in the United States havebeen diagnosed with COVID-19, and more than 5,000 people have died from it. At a WhiteHouse press conference on March 31, a member of the Coronavirus Task Force stated that theyexpected 100,000 to 240,000 deaths from COVID-19, even with mitigation efforts.

In the face of this public health emergency, the White House has restricted theflow of information from the CDCthe nations public health agencyto the public. Accordingto recent news stories, scientists and health officials at the CDC must now coordinate with theOffice of Vice President Mike Pence before speaking with members of the press or public aboutthe pandemic. These stories have raised concerns that public health experts who know mostabout the risks to the public are not being permitted to speak candidly and that the informationthe government is now conveying may be incomplete, inaccurate, or misleading.

The CDC itself imposes unusually stringent restrictions on the ability of CDCemployees to speak to the press and public. In 2017, Axios published text from a CDC policyannouncing that any and all correspondence with any member of the news media, regardless ofthe nature of the inquiry, must be cleared through CDCs Atlanta Communications Office.

As the lawsuit notes, the CDC denied "expedited" status to the Institute's FOIA request claiming -- somewhat ridiculously -- that the Institute failed to show that there is an imminent threat to the life or physical safety of an individual. Yeah, not an individual, but to fucking everyone. Just... look around, dammit. The fact that we can't get straight answers from people at the CDC is contributing to this mess we're in today where thousands of people are dying and many tens of thousands more are expected to. It seems pretty damn petty for the CDC to quibble over this. But they are doing so, and hence, they're getting sued.

Filed Under: cdc free speech, covid-19, foia, gag orders, mediaCompanies: knight institute

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How The Constitution Gets Tested In Times Of Crisis, Like A Pandemic – Houston Public Media

Posted: at 7:21 pm

The U.S. Supreme Court has issued numerous rulings over the years regarding how the government can curtail certain rights during emergencies.

As the coronavirus pandemic began to unfold, local and state governments restricted certain aspects of life by shutting down non-essential businesses, limiting restaurants to delivery or carry-out only, and prohibiting large public gatherings.

All of this, of course, is being done in the interest of public safety, but some argue such measures violate some basic rights as expressed in the Constitution.

For example, we are granted the right to peacefully assemble under the First Amendment, but the government says we cant really do that right now. So, legally, whats going on here? How does a crisis of this magnitude change how we look at Constitutional rights?

A Compelling Governmental Purpose

Charles Rocky Rhodes, a professor at South Texas College of Law Houston, told Houston Matters host Craig Cohen that the First Amendment can sometimes be overcome in situations where there is whats known in the judicial circles as a compelling governmental purpose.

And this is the highest order the apex of things the government does, things like winning a war, or preventing an imminent attack, protecting children, Rhodes said. And, of course, another one of these is protecting the public health from a pandemic.

Pandemics Arent New Just New To Us

While this global situation is new to most Americans, pandemics used to be much more commonplace. The last one was the Spanish Flu outbreak in 1918, which resulted in our Constitution being tested by local and state regulations. And throughout our nations history the court has issued multiple rulings that have established legal precedent when it comes to distancing and quarantine methods.

One such case was Jacobson v. Massachusetts in 1905. A man named Henning Jacobson wanted to refuse a smallpox vaccine and maintained he had the legal right to do so.

However, the Supreme Court ruled in favor of the state, stating that a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.

Practicing Religion In A Pandemic

As the coronavirus pandemic continues, some churches are using technology to adapt to the stay-at-home order. But others maintain that churches are an essential service and will not close their doors. Gov. Greg Abbott has exempted them from the stay-at-home order, but Harris County and others have banned such gatherings.

A case from 1944 established some legal precedent for such an issue. Prince v. Massachusetts maintained that the right to practice religion freely does not include the liberty to expose the community to communicable disease.

As long as the government is treating all situations that present that risk the same, then that is not going to be a constitutional violation, Rhodes said.

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Letter to the Editor – Is our First Amendment infringed by Governor’s mandate – Bay Net

Posted: at 7:21 pm

Dear Editor:

It has come to my attention that St. Marys County churches are being subjected to a program of Sunday morning soft surveillance. Individuals dressed in civilian clothes, arriving in civilian vehicles have been observed surveilling local church services. Is the purpose of this extralegal activity the enforcement the Governors 10-person limit?

The 10-person occupancy rule appears to be an unfortunate governmental over-reach. While there are Coronavirus hotspots in Maryland, such as Baltimore, the on-the-ground realities in many Maryland counties do not seem to warrant such drastic measures. Certainly, St. Marys is one such county.

Under the Governors executive orders, the big box stores remain open, allowing unlimited numbers of patrons, many crammed together much closer than the mandated six feet, with few of them wiping off cart handles, and virtually no one wearing a facemask. Meanwhile, the Governors decrees prohibit restaurants from providing on-site dining. This is discriminatory and grossly unfair to those businesses and their employees who now are deprived of the opportunity to make a living. A significant number of these citizens will soon be unable to pay rent, make mortgage payments, cover the utilities and buy food for their families. Unprecedented levels of business closures are wreaking havoc with the markets and imperiling the health of the banking system.

The 10-person limit has virtually closed down on-site religious services, resulting in reduced congregant contributions. These contributions support essential services to low-income persons, including homeless shelters, food banks, and soup kitchens. Many view this limit as an unconstitutional infringement of the First Amendment right to the free exercise of religion.

Sadly, the executive orders force the curtailment of the operation of doctors offices, resulting in postponement of previously scheduled appointments and necessary medical treatments.

The Governors April 1, 2020 communications outline his attempt to micromanage medical and religious institutions and provide him a ready rationale for the utilization of the State Police for enforcement.

To ensure both reasonable public health protections and constitutional liberties, Governor Hogan should immediately revise his executive orders to allow a local government option for a 50-person occupancy limit. I fear that a continuation of this draconian, one-size-fits-all approach will be perceived by the injured citizens of St. Marys County as an affront to their well-being and solid evidence and reasoning to hold the Governor personally accountable for their various losses.

-Cynthia L. Jones

Valley Lee

St. Marys County Commissioner 2010-2013

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Why the government can shut down church gatherings during pandemic | TheHill – The Hill

Posted: at 7:21 pm

Jesus bore it so that you would not have to. If that recent declaration by the Awaken Church of Jonesboro in Arkansas is true, Jesus might also be viewed as the first coronavirus offender, because the Last Supper hosted three disciples too many under the social gathering limits in most states during this crisis. At the time, of course, Roman Governor Pontius Pilate was trying to contain Christianity itself, which now some church leaders accuse American governors of doing. Some churches plan to defy state public health directives by carrying out large Easter services.

The issue is playing out in several states. In Kansas, Democratic Governor Laura Kelly has barred religious gatherings with more than 10 people. That action prompted the Republican controlled state legislature to then vote to rescind the order as an attack on free exercise of religion. Kelly asked her staff to explore all her legal options. Under the Constitution, she is on strong grounds to issue such an order. While untested, the free exercise clause is not a license for religious spreaders in a pandemic.

This may be the most compelling use of the belief that the Constitution is not a suicide pact. I have been critical of that often repeated reference by those who want to ignore fundamental rights. It was originally attributed to Abraham Lincoln after he had violated the Constitution by unilaterally suspending habeas corpus. It is more often attributed to Supreme Court Justice Robert Jackson, without noting that he used the line in one of his most reprehensible opinions, a dissent to the Supreme Court extending protections to a priest arrested for his controversial speech.

These churches would convert the free exercise clause into a suicide pact of sorts. The interpretation not only puts the faithful at risk of infection but also their communities. No constitutional rights are truly absolute. Rights such as free exercise of religion and free speech can be overcome with a sufficiently compelling purpose of state and the least restrictive means of achieving that purpose. There is nothing more compelling than battling a pandemic, and limiting gathering size is the only effective deterrent to the coronavirus spreading until a vaccine can be made available.

However, that has not stopped defiance. In Florida, Republican Governor Ron DeSantis overruled local orders limiting or barring church gatherings. In Arkansas, Pastor Chad Gonzales of Awaken Church defied demands to end services. His declaration of Jesus as a coronavirus victim was based on the belief that Jesus took away every sin and disease on the cross, a particularly powerful message for Easter. Similarly, Pastor Tony Spell of the Life Tabernacle Church in Louisiana was arrested for holding large services. Spell declared his intention to hold large Easter services and insisted that he will never yield to this dictator law. Even more chilling was his statement that true Christians do not mind dying.

If this were a matter of just congregants dying, a constitutional argument could be made for the right to make a self destructive decision based on faith. Adults can forgo simple medicines or transfusions that would save their lives. Likewise, the snake handlers in West Virginia can still engage in that dangerous practice based on a passage in the Bible that the faithful shall take up serpents and the story of Paul surviving a venomous viper. Yet even in practices that kill only the faithful, many states have outlawed snake handling as dangerous to both humans and snakes.

One of the key factors in any constitutional review is whether free exercise of religion is truly being denied, as suggested by these pastors. There is a curtailing of free exercise of religion, including the important element of congregating together in faith, but these orders only temporarily halt one form of faithful expression and do not stop worshiping. Most faiths have moved online during the lockdown. Just as states can force churches to satisfy building or fire codes, they can bar congregating in churches and temples as public health risks in a pandemic like this one.

The objection from these pastors is not frivolous as there is a substantial curtailment in an expression of faith. But this is not an effort to establish a favored state church. It is content neutral on particular faiths impacted by the limitation on crowd size. Their views are not frivolous, but they are still reckless. Free exercise of religion does not allow dangerous acts, even if they are part of a demonstration of faith. A pastor should not be able to disregard public health limits on congregation size to fight a pandemic threat any more than he can disregard a fire safety threat.

The real issue here may be more about state law. Kansas Attorney General Derek Schmidt declared that Kansas statute and the Kansas Constitution bill of rights each forbid the governor from criminalizing participation in worship gatherings by executive order. Kansas law goes beyond the First Amendment in its protections. However, even the Kansas Preservation of Religious Freedom Act allows for a denial of forms of free exercise when based on a compelling state interest and least intrusive means. Schmidt notes that the orders do not stop grocery shopping and other gatherings. But religious services can be supplied online, while grocery shopping for most people continues to take actual visits to the stores.

This Easter will feel different for many of us. Yet the heart of the holiday, both religious and social, has never been stronger or more defining. This pandemic has drawn millions of Americans, believers and nonbelievers, to rediscover faith, family, and other core values. Our separation during this period is part of our sense of obligation to our neighbors as well as to our health care workers in a time of crisis. I am not so sure about Jesus being a coronavirus sufferer, as Awaken Church says, but I know he is a symbol of collective responsibility and of treating others the way you would wish to be treated. This includes protecting others from the spread of a deadly disease, just as you would wish to be protected by them.

The Constitution does not leave the states as mere bystanders forced to watch as pastors such as Tony Spell bus in hundreds of people for church services. Such services are worse than a suicide pact. They are a pact to serve potential spreaders. Spell may declare that true Christians do not mind dying, but their neighbors might mind a great deal.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can find his updates online @JonathanTurley.

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First Five: Religious communities can fight pandemic but not by gathering – McDowell News

Posted: at 7:21 pm

Our COVID-19 crisis has been escalating quickly and with it, the potential collision with the First Amendment over issues involving religious liberty and the right of assembly.

Last month, we thought that stopping the spread of the virus was a matter of washing our hands thoroughly and avoiding touching our faces.

Now, were unable to assemble in groups and many of us are confined to our homes.

Three weeks ago, President Trump dreamed of packed churches on Easter Sunday. At the time, many medical experts found that overly optimistic (or as one put it, not rooted in reality.) Now, with the U.S. approaching 430,000 cases and the death toll nearing 15,000, it seems like an impossibility. Or at least, it should.

But as recently as this past Saturday, President Trump was floating the possibility of making a special allowance for churches to have Easter services. Hes not the only politician to contemplate loosening the reins for the holidays. South Carolina Gov. Henry McMaster recently issued a stay-at-home order but still recommended that Easter services continue. Kansas, Michigan and New Mexico currently exempt worship services from their orders prohibiting gatherings in large groups.

The fact that some government officials think this is worth the risk reflects the push back weve seen from some religious leaders ever since state and local governments started prohibiting large gatherings and shutting down non-essential businesses, including churches, synagogues and other houses of worship.

For example, Louisiana pastor Tony Spell has continued to lead in-person services, calling the closure of his Life Tabernacle Church religious persecution and questioning why retailers were deemed essential but churches not.

We hold our religious rights dear and we are going to assemble no matter what someone says, Spell said in an interview.

But while Spell is framing the states order as a violation of his First Amendment rights, thats not actually the case. Along with being rooted in the publics best interest, its also important to note that the orders restricting the size of gatherings and shutting down non-essential businesses are, at this time, the least restrictive options available to protect public health.

In short, this means theyre almost certainly constitutional but granting an exemption to one of these orders for houses of worship may not be.

The First Amendments Establishment Clause requires that the government treat secular and religious organizations equally, without favoring one over the other.

As Rachel Laser, president and chief executive officer of Americans United for Separation of Church and State, put it, [W]hen health experts and public officials determine that large gatherings must be cancelled for the public good, we must follow their lead and apply these guidelines to secular and religious gatherings equally. The Constitution not only permits it, but demands it. Such restrictions do not violate religious freedom; they ensure religious freedom is not misused in ways that risk peoples lives.

This week I had the pleasure of moderating a (virtual) Freedom Forum panel on religious freedom in the time of COVID-19 and discussing these issues and more with legal experts Richard Foltin and Maggie Garrett, atheist thought leader Mandisa Thomas and seminary-trained religious liberty advocate Charles Watson Jr.

One question from the audience that stood out to me was from an attendee who wondered if there was more to the conversation than just religious freedom versus public health. Did these two values have to be on opposing sides? Werent there things that religious communities could proactively do in service of public health starting with asking their members to stay at home, of course, but going beyond that to encourage them to volunteer their time and monetary resources, donate blood and generally provide assistance to the most vulnerable members of our population? You can find the full webinar on the Freedom Forums YouTube channel.

It was a reminder to me of the crucial charitable function that religious organizations have often served in crisis situations. As Baylor University professors Byron Johnson and Thomas Kidd point out, When it comes to confronting contemporary social turmoil, communities of faith have always played an important role in working toward solutions.

Many religious organizations are doing this right now. Leaders from the National Association of Evangelicals and Christianity Today published a joint statement reminding people that God cannot be consigned to a place.

They added: It is one thing to risk your own life in order to worship together in person; it is quite another to risk the lives of countless others, when so many churches are finding creative and compelling ways to carry on in worship and community from a distance.

The Church of Jesus Christ of Latter Day Saints suspended all services worldwide on March 12 (a lifetime ago in the COVID-19 timeline). Houses of worship have been providing crucial material and social support to those who suddenly find themselves in need of it.

As the pandemic continues, my hope is that these narratives become more common and stories of church leaders risking the lives of their congregants seem like a distant memory.

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