A Fundamental Right to Breathe Freely?

Resource for Civil Rights Litigation and Advanced Homeschool Civics Study.

Attorney Daniel Horowitz has offered up a lot of information for the express purpose that it be used in a civil rights lawsuit challenging the legitimacy of mask mandates and lockdowns.

I think the same information could become an outline for an advanced-level homeschool course in American History and Civics.

Constitutional Attorney Daniel Horowitz Makes the Case for the Right to be Unmasked.

 Daniel Horowitz is a lawyer who is the purveyor of the Conservative Review, by Daniel Horowitz. He is also the host of the CR Podcast.

In Episode 851, on 4/12/2021, he spells out: The Constitutional Case Against Mask Mandates.

https://www.theblaze.com/podcasts/daniel-horowitz-podcast

Daniel has a conversational style that is suited to the general (i.e., non-lawyer) audience.  He takes the time to explain several concepts, including the natural rights that we in the U.S. inherited with the English Common Law.

Bodily Autonomy Means the Government Can’t Force Mask-Wearing Without Due Process.

Daniel cites several U.S. Supreme Court cases, including the very recent _____ v. Newsom, standing for the proposition that the government can’t merely assert that freedom of movement creates an unacceptable health risk.  Government can’t infringe our fundamental rights without showing they have a compelling interest (public health) and that they are using the least intrusive means necessary.

Daniel explains how a number of Supreme Court cases, including Roe v. Wade, were based on an expansive reading of our rights to privacy.  He makes a persuasive (in my opinion) case that the right to breathe and freedom of movement are more compelling.

Conclusion.

I encourage everyone who has asked “where are the civil liberties lawyers on lockdowns and mask mandates?” to listen to the podcast and share it widely.

Thank you!

Michael Oswald

michael@msochartered.com

www.msochartered.com

Michael Oswald is a follower of Jesus who lives in Boise, Idaho.  Unless otherwise specified, the opinions expressed in this article are his own.

© 2021 Michael S. Oswald

Published by

Michael S. Oswald, Chartered

Hi! I’m Michael Oswald. I am a business guy who also happens to be a lawyer. I love living in Boise, Idaho! I’ve also had the pleasure of living in Silicon Valley, Colorado Springs, Austin, and Orange County, CA. I started this blog so business owners and senior execs could find actionable guidance on common legal issues. Titles of posts I have previously written include: “The Managerial Overtime Exemption, and How to Keep It,” “Using a Sales Contract that speeds up Getting to Yes,” and “Tone at the Top is Vital for Preventing Sexual Harassment!” I provide a wide range of business-savvy legal services to small and medium companies and nonprofits. I am also certified to teach Real Estate Law by the Idaho Real Estate Commission. My favorite thing to do for a business is to take their standard sales contract and strip it down from an unintelligible 20-page monstrosity to a concise, 3-page doc that is easy for their customers to understand and to sign! I have experience in a number of industries, including Real Estate, Construction, Defense, and Technology (Hardware, Software and E-Commerce). I look forward to collaborating with you!

Leave a comment