Suspending Civil Rights During Swine Flu

[The Youtube video posted below this entry of the blog, is of the Fox and Friends interview with Peter Johnson Jr., highlighted below]

H1N1 Pandemic Could Prevent Everyday Activities in Public

As the World Health Organization raises the Swine Flu pandemic threat to Level 5, discussions prohibiting group assemblies, like going to the movies, may be considered.

Discussions regarding the suspension of basic civil rights, such as freedom of assembly, are being considered to stave the growing fear that the Swine Flu, or the H1N1 virus, may infect millions more people, causing a worldwide pandemic. Mexico has enforced quarantines of persons suspected to have been exposed to the virus and travel advisories have been issued advising tourists to avoid Mexico, but according to Fox News, discussions of implementing far-reaching health emergency procedures has begun at the highest levels of the US government.

In his press conference on Wednesday, April 29, President Barack Obama suggested families begin making contingency plans for child care if and when schools are closed in response to the Swine Flu Pandemic, which is the first national mention of such a possibility. [1] Obama's statement has opened the door for many to begin asking what the government could do in the face pandemic conditions.

In an April 30, 2009 appearance on Fox and Friends, Peter Johnson Jr., a Fox News Legal Analyst, encouraged public officials to being thoughtful consideration of how to best handle a pandemic and what, precisely can do in the way of circumventing individual rights and freedoms of US citizens. [2] According to Johnson, the government does not only have the authority to close schools but could close the border between Mexico and the US, suspend the right to assembly, including closing malls, movie theaters and churches, quarantine American citizens, and suspend all flights coming into the United States.

Johnson goes on to state that while such actions are unlikely, the time to put debate and discuss such drastic public and constitutional policies is now, before crisis conditions occur.

In 2005, the Rhode Island chapter of the American Civil Liberties Union (ACLU), in preparation for the Avian Flu outbreak, warned that he Rhode Island chapter of the American Civil Liberties Union (ACLU), in preparation for the Avian Flu outbreak, warned that basic civil protections against severely intrusive government actions did not exist in the Rhode Island laws. While each state has its own public health emergency policies, there are few provisions for the federal government from overriding state initiatives and imposing its own restrictions. [3]

Until the level of infection reaches pandemic proportions, discussions of suspending civil liberties is academic, but necessary in the event that infection does reach such proportions. Thoughtful emergency public health policies, in light of this new threat, will likely get more attention and debate among public officials at the local, state, and federal levels.

For more information on what to do if you think you may have been exposed to the Swine Flu, see What to Do if Swine Flu is Suspected.

References:

1. Fox News.com. Swine Flu Outbreak Closer to Pandemic. p. 30

2. Johnson Jr., Peter. Television Interview. Fox and Friends, April 30, 2009. 7:24 – 7:27 AM.

3. ACLU.org. ACLU of Rhode Island Warns That Basic Civil Liberties Protections Are Missing Should Flu Outbreak Strike State.

Read more: "Suspending Civil Rights During Swine Flu: H1N1 Pandemic Could Prevent Everyday Activities in Public" - http://law.suite101.com/article.cfm/suspending_civil_rights_during_swine_flu#ixzz0EFjuRdZm&A