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Legal Background on Face Masks
editThere is currently no judicial precedent in the United States providing that a governmental entity may require individuals to wear face masks in public settings. However, in Jacobson v. Massachusetts, the Supreme Court upheld a Massachusetts law that mandated vaccines against smallpox amidst a public health crisis, thereby acknowledging the police power of the States.[1] As for statutes, no federal law requires individuals to wear face masks or facial coverings to preserve the public health.[2] However, the executive branch is authorized to make any regulations deemed necessary in preventing the spread of diseases into and within the United States.[3] The Centers for Control and Prevention (CDC) currently recommends the wearing of face masks to slow the spread of COVID-19.[4] Following this guidance, President Biden signed an executive order requiring individuals to wear face masks on all federal property.[5] In addition, the Transportation Security Administration (TSA) requires passengers to wear face masks when traveling on all transportation networks.[6] To enforce this rule, the TSA imposes civil penalties on riders who refuse to wear face masks while traveling on transportation networks throughout the United States.[7]
- ↑ "Jacobson v. Massachusetts, 197 U.S. 11 (1905)". Justia Law. Retrieved 2021-10-14.
- ↑ "Could the President or Congress Enact a Nationwide Mask Mandate?". CRS Reports. August 6, 2020.
{{cite web}}: CS1 maint: url-status (link) - ↑ "U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE". www.govinfo.gov. Retrieved 2021-11-04.
- ↑ "Use Masks to Slow the Spread of COVID-19". Centers for Disease Control and Prevention. 2021-08-12. Retrieved 2021-11-04.
{{cite web}}: CS1 maint: url-status (link) - ↑ "Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing". The White House. 2021-01-21. Retrieved 2021-10-14.
- ↑ "TSA extends face mask requirement through January 18, 2022 | Transportation Security Administration". Transportation Security Administration. Retrieved 2021-10-14.
{{cite web}}: CS1 maint: url-status (link) - ↑ "Penalty for refusal to wear a face mask | Transportation Security Administration". Transportation Security Administration. Retrieved 2021-10-14.
{{cite web}}: CS1 maint: url-status (link)