Refusing to Wear a Mask Isn’t Protected by US Constitution: Federal Court

The ruling comes in regard to two New Jersey cases.

Disposable surgical masks are packed in boxes at Prestige Ameritech in Richland Hills, Texas, on May 3, 2009. Tom Pennington/Getty Images

Refusing to wear masks isn’t conduct protected by the U.S. Constitution, a U.S. appeals court has ruled.

“A question shadowing suits such as these is whether there is a First Amendment right to refuse to wear a protective mask as required by valid health and safety orders put in place during a recognized public health emergency. Like all courts to address this issue, we conclude there is not,” U.S. Circuit Judge Thomas Ambro said in a Feb. 5 ruling.