Linda Boyle: Are mask mandates a First Amendment issue?



Recently, a federal appeals court in New Jersey shot down plaintiffs’ refusal to wear a mask during a school board meeting in 2022.  New Jersey still had mandatory mask wearing in effect due to the “public health emergency” related to Covid-19. The plaintiffs’ position was they had a protected First Amendment right to decide whether to mask or not mask. 

The suit involved two ordinary citizens attending a school board meeting, who stated they had been retaliated against by their school boards for refusing to wear the mandated face covering. Because they refused to mask, both were arrested for trespassing.  

Was the court’s decision based on the fear of a non-masked person more than six feet away or made because it could—a power play to demonstrate you must comply.  

The court’s decision stated, “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.”

The gist of this is that a school board can mandate that people wear any FDA Class II medical device, which is what these surgical masks are, in order to attend its meetings.

Both plaintiffs are appealing the decision to the U.S. Supreme Court.

I am not a lawyer. What I wonder about, however, was what scientific data were used to push the coercive and mandatory use of masks? 

What scientific data were used to abridge the plaintiff’s First Amendment rights?

Let’s take a trip down memory lane. Remember how at the beginning of this “pandemic,” Dr. Anthony Fauci, aka Dr. Science, said masks were not recommended? 

Then Dr. Fauci reversed himself and believed masks were needed to help “flatten the curve.”

He said he changed his recommendation when he thought there was a sufficient supply for both the medical personnel and the public. 

Then there was the debate over the N95 masks. As a nurse, I was amazed at how people with beards were running around with these type masks. I know N95 masks needed special fitting and if you have a beard, a different respirator is needed,  (per Journal of the American Medical Association (JAMA); April 21, 2020 Volume 323, Number 15)

If masks were the “be all and end all,” why is it we are always running around without them (save some diehards) during all seasons when other respiratory diseases could easily infect us?   

How effective was this “you must mask strategy” in the U.S?  

Why, with all the mask mandates and social distancing, not visiting family at holidays, not being able to visit dying family members in hospitals, and running away from the unvaxxed, did the U.S. have one of the highest percentages of Covid deaths in the world?

Statistics from April of 2023 showed more than 1.13 million people in the U.S. died from/with Covid-19 over a three-year period, and during much of that time, masks were required in many public places.

There have been all types of studies on both sides as to why masks are either important or not needed. Many of these studies showed the negative effects of masking — social awkwardness for kids who couldn’t see the facial expressions of teachers and fellow students, and decreased oxygen levels, to name a few. I cannot find any compelling data to show that this was an absolute necessity to save the world during this Covid-19 experience.  

What I can find is a country divided. The masks wearers and non-mask wearers. I still see people wearing a mask while driving alone in their vehicle.

A mask should be your decision, especially since there is no solid data that state the efficacy of masks. And even the Centers for Disease Control and Prevention, in retrospect, said they weren’t effective at stopping the spread of Covid-19. 

With that said, I will tell you I did wear one on airplane travel because the mask Nazis were everywhere. My mask was plain cloth that was too big so I was able to breathe easily. And I always made sure to eat my meals on the planes so I could ‘legally’ take it off.  

That mask did absolutely nothing to protect me. But it made all the crazies happy.   

I’m dusting it off for the next round that I know is coming. Will the next “pandemic“ also require us to wear gloves because it the contaminant is caused through contact? Maybe we need a full biohazard suit.   

They are looking for just how far they can push us with their fear agenda. 

Linda Boyle, RN, MSN, DM, was formerly the chief nurse for the 3rd Medical Group, JBER, and was the interim director of the Alaska VA. Most recently, she served as Director for Central Alabama VA Healthcare System. She is the director of the Alaska Covid Alliance.


  1. Masks were not effective and they knew it when they mandated them. They were something that made people “feel” safer. I still see the fearful wearing them today – alone in their cars, walking in the streets and other places. It’s their woobie. But forcing them on people is 100% about power and control. It about depersonalising individuals and suppressing them as human beings. Helen Keller once said (and I’m paraphrasing) safety/security is an illusion, the children of men do not enjoy it. You’re right that another engineered public health emergency is looming – a major election is coming.

  2. Face it, Branch Covidian masktards are NEVER going to give up their faith-based belief in the capricious and unscientific mandates issued by sociopaths in power. They are uncritical-thinking NPCs and lemmings, who lack any and all independence of thought and judgement. They are, in short, not fully human.

  3. The mask mandates have never been about public health. They are about control. When I first wore a mask as a precaution, my physician said that I didn’t need to since the CDC said they were ineffective against covid. Six months later, I had to wear a mask just to enter the office. The science didn’t change. The control of the public changed. This escalated to the point where the school my grandkids attended forced children to wear masks on zoom teaching calls – so the children and teachers would feel safer. In their own homes! There was no science regarding this. None at all. Yet, the Anchorage School District must have felt the science was indeed with the principal, because they later promoted him. My wife came out of retirement to homeschool our grandchildren. That was three years ago. It would have been much easier to just mask up. But it was more right to speak up by taking our grandchildren out of the ASD where they would not be exposed to these mandates and actions.

  4. I knew when they came out with the mask mandate that it was useless and providing false information. At the time (March 2020), I was taking a HAZWOPER refresher course that just happened to be on the respiratory system. It stated in my course that masks (especially cloth and surgical masks) do not stop aerosol particles. It further stated that an N95 or K95 mask might stop them, but you had to wear it correctly. That means you have to have it fitted properly; no touching or adjusting the mask once it was properly set on your face; washing your hands before and after handling the mask; putting on a new mask once you took the old one off. And like Linda said, no beards. To really stop aerosol particles, you needed a properly sealed respirator. If what I just stated is all false information (which I’m sure CDC, OSHA, EPA, NAOSH, etc. changed the language of the course during the pandemic so that it stated cloth masks would be okay), why don’t you go into an area where there is a poisonous, toxic aerosol substance with just your cloth mask or N95/K95 and see how that works out for you. You probably won’t live through that experiment. I never went into a store or public place where people were always messing with their cloth/surgical masks and then touching other items without washing their hands. Some people would were latex gloves, but they are touching their masks and then other stuff without changing those gloves. So really, how effective is glove wearing? If you want to wear a mask, go ahead. However, don’t force everyone else to were one when they don’t want to.

  5. These are usurpations. No one has authority over another’s medical treatments. This is a US Constitution limit. We the people did not say at creation of the nation that agents of monarchs and foreign nations could tell other nations that they must acquiesce to foreign vaccinations. The vendors of these pharma products were NEVER given this constitutional authority to courtesy for foreign forms of governments regardless of ladies garden parties. It would be treason to “give” this authority to “health” agents. Mortality is a reality from the garden of creation through to this date regardless of agents affiliations and garden parties mannerisms. They may believe everyone must have leeches attached each week. Who knows. They are very avant garde already.

  6. If people are wearing the Chyna-made masks, think about how those masks are constructed. I have read a lot of complaints and come across a few masks where fibers were coming loose on the inside next to the mouth. What are those fibers? Is there anything else on the inside of that mask being inhaled into the body? There is nothing safe about those masks! If I have to wear a mask for cleaning, I wear my own homemade mask – I do not trust Chyna-made masks anymore. Moreover, Chyna has been exposed for getting rid of chemicals/materials by putting them in products that they produce. We have no guarantee that the masks being shipped out to the world are clean and safe. Say NO to the masks. Stand your ground. If you put a mask on, you are showing the globalists that you are buckling and you will comply to their insanity.

  7. The 9th Amendment says that all rights are protected. God gave the right to the individual to make their own medical decisions. Government is not allowed to take away the rights God gave you, they are required to defend those rights. It’s not a first amendment issue, it’s a fundamental issue.

    Those who think otherwise are just making government their God.

      • 1) The 9th Amendment
        2) The Declaration of Independence states “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights”
        3) The Bible is very specific on what duties government has vs the other spheres (church, family, individual) – it only give government the duty of protecting the other rights, which we call Justice (can be against internal or external aggressors)

  8. I’m not seeing a first amendment issue here. It’s not a press, religious, speech, assembly or petition issue.

    Many valid arguments can be made about the gross constitutional violations made during the Covid fraud. Especially assembly, petition, and speech.

    But being forced to wear a mask isn’t one of them.

    • By your name I can see you’re a mask advocate. I had an N95 professionally fitted by a medical/EMS supply provider. You put on your mask, they place a hood over your head, and they pump in gas which mimics airborne COVID spores in size. I failed the first time as the sweet smelling gas seeped right in. After a refitting I got the gas to stop entering past the mask. It was miserably tight, any movement or talking allowed the gas to seep in. Masks are worthless.

      • Lighten up, Francis. Better still, grow up. If possible.

        The question isn’t if masks worked, or if they were uncomfortable, of if the whole idea was stupid.

        It was, and remains, if it was a 1st Amendment issue. It’s not.

        • The science is settled. Just look at the vapor that passes out of masks when people wear them in the winter. Your underwear doesn’t keep in a fart smell for the same reason. Mask Mandates should appropriately be considered asinine and unlawful for this reason alone.

          Masks did/do nothing to prevent the spread of Covid. Worse yet, it puts people in a constant state of fear that increases cortisol, and the increased carbon dioxide literally makes your blood boil. How many of the millions that died from Covid actually died as a result of FEAR?

          Mandates that include being muzzled is a 1st Amendment Right! This case is under appeal and will eventually be heard by the Supreme Court.

    • TMA,
      It looks like there’s some missing information here, and in other articles dealing with this case. Apparently the plaintiffs are arguing that they were taking part in civil disobedience by not wearing the masks as mandated and that’s why they feel it is a 1st Amendment issue.

      The courts decision also stated “Skeptics are free to — and did — voice their opposition through multiple means, but disobeying a masking requirement is not one of them. One could not, for example, refuse to pay taxes to express the belief that ‘taxes are theft.’ Nor could one refuse to wear a motorcycle helmet as a symbolic protest against a state law requiring them.”

      Eric Harrison, an attorney for the officials named in the suit, said in an emailed statement that refusing to wear a mask in violation of a public health mandate “is not the sort of ‘civil disobedience’ that the drafters of the First Amendment had in mind as protected speech.”

    • > But being forced to wear a mask isn’t one of them.

      Whenever the state compels certain items of clothing, accessories, or badges it is tyranny.

      (For a fun exercise think back in history to how many times this has proven to be true.)

      People who advocate for them ought to be handled severally. I would suggest finally.

  9. I don’t know if it’s a first amendment issue or not. After all, you can still state your beliefs, make your arguments. However, I hold they were a tyrannical pointless endeavor that did nothing for anybody.

  10. It is so plain and obvious, like parental authority, that it should not need to be in the Constitution to have to articulate the goverment can’t control our natural parental soviernty and individual soviernty.

    • Who wears a mask in a dentist’s office?

      And if you are not a surgeon, engaged in surgery, there is absolutely NO reason for you to be wearing a mask. You would be better served wearing a hard hat and a life preserver everywhere you go — “because you never know what might happen!”

      Greg, do you EVER try to think critically, or to exercise any independence of thought or judgement? Or do you just mindlessly parrot and obey what the corporate regime media and the tell-a-vision instructs you to do and believe? Honestly, ask yourself that question sometime.

  11. Thomas Jefferson said, “A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.”

    We The People have had enough of mob rule by the elites and corrupt politicians. So when the idiots shout save our democracy, we must push back and say, restore the Republic!

    Everyone must ask why did they stop having children recite the Pledge of Allegiance every morning? We much teach children the Pledge of Allegiance and teach them ourselves the difference between democracy and a republic, since the monsters that are in control now are only interested in indoctrination.

    The Pledge of Allegiance was written in August 1892 by the socialist minister Francis Bellamy (1855-1931). It was originally published in The Youth’s Companion on September 8, 1892. Bellamy had hoped that the pledge would be used by citizens in any country.

    In its original form it read:

    “I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all.”
    In 1923, the words, “the Flag of the United States of America” were added. At this time it read:

    “I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all.”
    In 1954, in response to the Communist threat of the times, President Eisenhower encouraged Congress to add the words “under God,” creating the 31-word pledge we say today. Bellamy’s daughter objected to this alteration. Today it reads:

    “I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

  12. Maybe differential diagnosis would be helpful, Nurse Boyle?
    The Court’s opinion suggests that the First Amendment is not an option for remedying the mask issue.
    Could the mask issue be symptomatic of this problem: “…valid health and safety orders put in place during a recognized public health emergency”?
    Looks like one of those rare, but fatal tropical diseases which start benignly enough, but end badly if left untreated.
    So… clinical questions: What comprises valid health and safety orders? Who has statutory authority to issue such orders; in the event of conflicting orders, who prevails? What constraints are imposed on the authority? What delegates masking authority to non-medical school boards, especially when valid, conflicting information exists?
    Might be clues in: “Inside the ruling striking down the mask mandate and what comes next”.
    If the cure comes with considerable pain and expense, can you, Nurse Boyle, persuade patients to accept it and carry on?
    Pain and expense? Social ostracism, potential loss of stuff and job, thousand-dollar-an-hour lawyers… all for one’s right to speak to officials whose purpose in life seems to be defiling and dumbing-down children and conducting lawfare on parents who object.
    Is this the hill to die on? Are the little darlings worth it?

  13. Why doesn’t Alaska stand up a Grand Jury like Governor DeSantis did in Florida?



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