The Political and Judicial Battles Over Mask Mandates for Schools

Abstract

If there is one image that encapsulates the bitter clashes over COVID-19 policy in the US, it is surely the face mask.1,2 Schools have become ground zero in ongoing battles over whether the US public must mask up.

Less than a month into the pandemic, the Centers for Disease Control and Prevention recommended wearing masks to reduce transmission. At the time, evidence of their effectiveness was modest; it has since become stronger.3-5 Local and state public health orders have required masks in indoor and in some cases outdoor public spaces.

Early challenges to these mandates were brought by individuals and businesses claiming incursions on their liberty. Courts rejected the claim that freedom from face covering was a fundamental constitutional right, applied light judicial scrutiny, and easily rebuffed these challenges. Arguments that masks violated freedom of speech or religion, interfered with students’ educational development, abridged parents’ rights to make educational choices for their children, and constituted unwanted medical treatment also have not found traction.

Details

Author(s):
Publish Date:
October 28, 2021
Publication Title:
JAMA Health Forum
Format:
Op-Ed or Opinion Piece
Citation(s):
  • Michelle M. Mello & David M. Studdert, The Political and Judicial Battles Over Mask Mandates for Schools, 2 JAMA Health F. e214192 (2021).

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