LogFAQs > #936524890

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TopicFlorida pastor arrested for following the First Amendment
ParanoidObsessive
03/31/20 5:33:09 AM
#7:


Lokarin posted...
I agree.

I mean, if the church was on fire and a fireman said DON'T GO IN THERE!... that's not a First Amendment breach

No, well, to be fair, this topic is referring to the often forgotten aspect of the First Amendment - it's not just free speech, it's also freedom of peaceful assembly.

The problem is, there's an implicit expectation of public safety that has been repeatedly applied to the First Amendment in the past (which is why you can't invoke freedom of speech to defend your right to shout "FIRE!" in a crowded theater), but also the First Amendment really only applies to the federal government anyway, and only in their ability to pass laws restricting the right of the people to gather peacefully.

This would be a pretty clear case where stay-at-home orders would be upheld and, if anything, the pastor would be prosecuted for endangering the welfare of others or reckless endangerment.
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