The U.S. Court of Appeals for the Third Circuit addressed whether there is a First Amendment right to refuse to wear a protective mask when required by valid health and safety orders after two New Jersey parents were arrested for failing to comply with school mask mandates.

The federal appeals court concluded that there was not a First Amendment right to refuse wearing a mask when required during a “recognized public health emergency,” noting that its decision was in line with all other courts that addressed the issue.

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