Self-evident. That is how the Framers described our fundamental rights when we declared our independence from the British Empire. It was obvious to them that American citizens have rights that pre-exist government and that the US government’s purpose was to protect those rights (not provide them). More importantly it was obvious to them that those most fundamental rights could not be infringed on by the government without narrowly tailored action toward a compelling government interest, such as the protection of American lives from imminent death or serious bodily injury.
But it’s not so obvious to the Raleigh Police Department.
https://twitter.com/raleighpolice/status/1250111779574894594
“Protesting is a non-essential activity.”
Said the Police Department that took an oath to preserve, protect, and defend the Constitution of the United States. Protesting involves the freedom of speech and expression as well as the freedom to associate with one another. All of those are first on the list in the Bill of Rights.
That is why this Quarantine era is such a constitutional conundrum. Or is it?
The #ReOpenNC protest was done in a state where stay at home orders have been in effect and the numbers show they may be working. There has only been 5,112 confirmed cases and 112 deaths. This is not to minimize pain and suffering, but there it is irresponsible to not remain stewards of our own fundamental rights, and balance the danger against the restriction. Is the death or serious bodily injury in North Carolina really so imminent that a group of people who oppose the Governor’s actions can’t voice that support in public?
https://www.wral.com/coronavirus/nc-coronavirus-cases-live-maps/19010016/
Protesting is not an essential activity? Actually, it’s one of the most essential activities. The State needs better evidence that this protest, at this time, and this place will cause imminent death or serious bodily harm to these specific people. The danger is simply not specific and articulable enough. Without symptoms, the police have no clue who does or does not have coronavirus. That a person could have the virus without exhibiting symptoms is simply not good enough to strip them of their fundamental rights. Banning everything is the easy thing to do but it is not the right thing to do.
The Government has a job to do here, the job is not simply to protect lives but to protect lives so that Americans can exercise their rights. It’s not a binary choice. The government’s approach has not been narrowly tailored to prevent the spread; it has been overly broad so as to take no risks. But now our rights are at risk, and that’s bad medicine.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
