By Linda Stamato
It’s a curious thing how often people come to Morristown to protest what they believe are limits on their freedom. Rarely are they right. Sunday’s demonstration against COVID-related restrictions is no exception.
There is a constant tension between civil liberties and official acts of government that aim to promote the common good. Understanding and managing it requires context and balance, remarkably lacking at yesterday’s march.
The nation is confronting a deadly, spreading disease and compliance with government directives to control it are falling short, so marches such as these, with false claims and assertions, demand a response.
Challenges to Science and Governance
Shortsighted leadership at the federal level, growing disregard for expertise, community division fomented by forces seeking dysfunction and a dangerous strain of individualism along with misguided assertions of freedom have undermined the capacity, indeed the willingness of some in critical positions, to safeguard the public’s health. Public trust in government has eroded.
Unsurprisingly, then, we hear a lot about infringements on religious freedom and individual liberty as local, state, and federal leaders attempt to fight the spread of the disease.
The Constitution has something vital to say about those issues and the Supreme Court has made it clear that there are, indeed, legitimate actions of government that can restrict behavior to serve the common good.
Chief Justice Fred M. Vinson, (Communications Association v. Douds, 1950) warned about naively following the civil liberties ideal off a cliff, citing Justice Robert H. Jackson’s clear warning in a dissent a year earlier in a free speech case (Terminiello v Chicago) that “the Constitution is not a suicide pact.”
What Jackson said was this: “The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.”
More recently, in a California case, in May, the Supreme Court rejected a church’s attempt to overturn the state’s coronavirus restrictions on in-person religious services, upholding the state’s right to impose limits on congregations in order to slow the spread of the virus.
Chief Justice John Roberts wrote that the Constitution generally grants broad leeway to state leaders in circumstances of medical uncertainty, finding Gov. Gavin Newsom’s orders consistent in limiting not just religious services, but also various kinds of activities “where large groups of people gather in close proximity for extended periods of time.”
“The notion that it is ‘indisputably clear’ that the Government’s limitations are unconstitutional seems quite improbable.”
In short, public health measures, in service to the common good, pass constitutional muster. To yesterday’s marchers and protestors, I say, “get real.”
Covid and collective action
There are profound society-wide risks for which only the collective action of the state can ensure public safety and health. We need government to set the policies and public health professionals to provide the rationale for them and, together, inform the public about what is required and why.
And we need the public, “We the People,” to acknowledge that simple and sane connection and help one another to comply. Bitter divisions over the virus are causing us to lose lives.
Linda Stamato is the Co-Director of the Center for Negotiation and Conflict Resolution at the Edward J. Bloustein School of Planning and Public Policy at Rutgers University in New Brunswick. She is a Faculty Fellow there as well. Active in the Morristown community, she serves on the trustee board of the Morristown and Morris Township Library Foundation and is a commissioner on the Morristown Parking Authority.
The opinions above are the author’s, and do not necessarily reflect those of this publication.
Margaret appears to succinctly sum up the type of thinking that pervades a significant portion of our everyday discourse: If you don’t agree with me then you are a bad person and I am justified insulting you. If you choose to comment, but don’t include your last name, then you are dishonest and a coward. Furthermore, you all think alike and have no diversity of thought or opinion. That, ladies and gentlemen, is the very essence of intolerance; if I don’t like your opinions, it’s OK to call you names and dismiss you. It is however, the perfect argument for why people choose to post without a last name.
John Q Public has indicated that he is good at jumping to conclusions and and does not appreciate the opinions of those honest enough to use their names. I was not suggesting that Kevin not permit those comments, just that there appeared to be a common thread in the kind of responses they make. I guess it may take a bit more courage to be honest. I must admit that I tend to agree with the women he named much of the time.I even agree with many of the men who comment.
At least I spelled John’s alias correctly.
The left has become completely intolerant of those who oppose their view. From what I read through this list of comments is don’t dare disagree with Linda, Rosemary or Margaret or you will face ridicule. It’s the same voice with which Linda wrote about entrepreneurs who wanted to save their businesses. Ridicule. Perhaps their example was Hillary Clinton who said that women who didn’t vote for her were only doing what their husbands instructed them to do and that their husbands were deplorable. Ridicule. Dissenters don’t provide last names to save themselves from ridicule. Look at Saul Ailnsky’s Rules for Radicals…Hilliary wrote her thesis on it, Obama taught it as a community organizer, ridicule is impossible to counterattack, it will infuriate and frustrate your opponent who will react to your advantage. The left consistently preaches that diversity (within organizations or opinions otherwise) is necessary to make things organizations and ideas great, but if you dare disagree with them, you’re a know nothing capitalist who doesn’t deserve to speak. Like I said before, walk a mile in your neighbors shoes, once you cannot understand why he does what he does, or votes how he votes, or says what he says, it will become even harder to understand what we have in common to move forward.
@ Rosary – “For me providing a full name is akin to requiring a Presidential candidate to present tax returns.”
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Thanks for the laugh. I’m sure you went line by line through presidential tax returns prior to 2016.
@Kevin – your viewpoint on last names is spot on.
Kevin, A few thoughts on this…
* If you required a last name, there would be no way of knowing that it was valid.
* This is anecdotal but I have frequently commented in this forum on controversial topics and have never received even an inkling of a threat. I personally feel that this argument just discourages comments and participation in the civic life of the community, which is desperately needed to make government work.
* When a person does not fully identify themselves, I often have less confidence in their opinions. It’s like reading a news story and not knowing the source. In this age of social media we warn people to always check sources. Unless you have disclosure there is no way to know what the personal biases (and we all have them) might be. For me providing a full name is akin to requiring a Presidential candidate to present tax returns.
* Thank you for providing this opportunity to participate and especially for keeping it civil.
And for readers, my suggestion is when planning your end-of-year giving, consider giving back to MorristownGreen, a valuable resource the community depends on.
I wrestle with this constantly. I have allowed anonymous posts for the sake of wide-ranging debate on topics of public interest, while drawing the line at personal attacks. It is an imprecise and precarious exercise, no matter how hard one strives for fairness. There are times when important viewpoints might never be heard without the protection of anonymity. On the other hand, anonymity opens the door to trolls and shills. Readers may give more weight to opinions from those with the courage to attach their names. Some publications have ceased posting comments altogether–they are too difficult to monitor, and the erosion of civility has driven away thoughtful people. That would be a great loss here. Overwhelmingly, Morristown Green commenters are courteous. Exchanges are spirited. It’s one way to take the pulse of the community on issues people care about. I learn so much from comments, especially ones I might not necessarily agree with. Reaching a consensus on anything is challenging these days. I welcome everyone’s thoughts and suggestions regarding comments. Anonymous? Named? A hybrid system?
Are opinions less valid if they don’t come with a last name attached? There are many instances where people have been doxed and their families threatened for daring to voice the “wrong” opinion.
Have you noticed that all the comments criticizing this truthful article, are by people, who don’t give a last name. Even Lisa, who claims she is withdrawing her donation to the Library with all its wonderful programs benefitting us all, has no last name. Wonder if she ever planned to donate ?
Especially, during these time , when libraries are more important than ever, please donate. Punishing the library because you may or may not like what Linds wrote is like punishing your child because someone at their school did something wrong.
Connor questions the facts produced by The Tracking Project and by Johns Hopkins, not sure on what basis; nor does he cite what sources he relies upon to question these numbers. That aside, from reliable sources: As of yesterday, the data is even more sobering: Patients in hospital top 100,000 in the U.S., the highest figure yet. New cases: one million every week; deaths have been rising fast, topping 270,000 last week. So, until folks recognize that we need to do everything we can do—all doable by the way, as we know—wearing masks, keeping social distance, and abiding by the orders and the recommendations from those entrusted with responsibility for the public’s health, we will continue to see a surge. Large gatherings, by folks protesting without masks, close together, in public places—which is where this thread started—are clearly unwise and I think you all know that too.
Very questionable death toll numbers Linda. Also not to mention, literally no one is saying not to take it seriously. That’s just how you perceive any argument against you.
And to answer your question directly, we focus on the continuing freedom and perseverance of the largest and most powerful constitutional republic in the history of the world that offers hundreds of millions the opportunity of life, liberty, and the pursuit of happiness. That’s what were concerned with.
SCOTUS 11/25/20 ruling: Even in a pandemic, the Constitution cannot be put away and forgotten. It is time – past time – to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques.
More than 91,500 people were hospitalized with the virus on Saturday, with 18,000 in the intensive care unit. That’s according to data compiled by the COVID Tracking Project, which collects and analyzes data across the country. Over 6,000 patients were on ventilators. So, we have 13 million infected and 267,000 dead. And you, Lisa, Conor and John Q, focus on? Get a grip, people. This is a deadly, a deadly disease and we need to do all we can, all we can, to minimize its impact.
Just received a very timely solicitation from Morristown & Morris Township Library, whose mission is: to serve as the epicenter of information, education, knowledge and culture for all residents and other constituents of Morristown and Morris Township. Linda Stamato is on the board, so no donation from me this year.
lol Linda – you know I’m not helping local businesses? That’s your assumption? How wrong. And “donating” some of your funds to businesses doesn’t make you right about your convictions of having government control businesses and the free market however they see fit.
And for the reason you stated why you wrote this article – you do not know that answer. You don’t know it will be worse. You don’t understand what it feels like to build a business from nothing, to struggle each and every week to meet payroll, expenses, for that business to be your livelihood, and then have some govt official shut you down while letting big businesses stay open. You couldn’t be more wrong on the very reason you think you’re right.
Again, you have a very very high chance of surviving the virus if you are not in a susceptible population. Businesses can remain open and stop being messed with by the governments arbitrary shutdowns by offering basic health policies like masks, limited capacities, and social distancing until this is over.
I’ll be sure to read it, Lin…When I think this discussion through, I hear keep people out of churches and synagogues, but allow protesters in the streets from Minneapolis to Philadelphia as they’ll be okay. Morris School District is closed for two weeks following a post-Halloween surge. I wasn’t out trick or treating, but the Governor didn’t stop kids who wanted to go and they went. The point is this act of usurping freedom is very uneven. Like I said, once you cannot understand why your neighbor does what he does, it will become even harder to understand what we have in common to move forward. I understand why parents let kids go trick or treating, i understand why protesters are in the streets and i get why people want to practice their faith and I get why people want to keep their businesses alive. I wouldn’t take any of those freedoms away. I, for one, have been staying home, wearing a mask and being socially distant; all by choice. I cannot see limiting a non-essential business owner just because Murphy can. Kings gets 50%, Assumption Church gets 25%, Strawberry Fields got 0%, yet they’re all less than 1 mile from one another. Guess who was operating on the smallest budget? Just trying to make a go of it, yep, they’re shuttered and for sale.
Just wait, in two weeks, call it December 12, they will be another surge to rival the one from Halloween till now…they’ll call it the Thanksgiving surge. I heeded the call to stay distant and celebrate with my immediate household only, but those who didn’t, should we bankrupt them? Should we shut down their livelihood? Close their business? Kill their passion? You tell them with a straight-face that its different, i can’t.
The Supreme Court did not DECIDE anything yesterday; it issued a stay. The court will hear the case but it hasn’t yet. You might try reading carefully. Meanwhile think about this: God can only be reached inside an edifice? Come on. Religious freedom isn’t being challenged by Cuomo’s actions; crowds in tight, enclosed spaces are. Meanwhile, on a walk this afternoon, I saw ambulance after ambulance arriving at Morristown Medical Center. It’s clear what needs to be done to protect those inside the hospital, those who are serving the needs of all in our community; it’s the least we can do. Stay out of enclosed, crowded spaces, wear masks, keep our distance, no matter what faith we have.
Like i said, a tactical loss, the Supreme Court ruled last night, and announced this early this AM, that Gov Cuomo was over his skis on limiting attendance at religious services. Its subtle point to the ruling that goes unsaid, the freedoms guaranteed by the US Constitution come before the outcome that people get sick.
Decision: https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf
Hey, I call them like I read them, Ms. Stamato. I don’t think I ascribed any opinion to you that wasn’t as you wrote it in your derisive article aiming to ridicule a group of business owners who are watching their livelihood disappear and then you characterized them as uninformed and bad citizens. Even the Morristown Green article from 11/22, has a headline in bold font within the article that states “Surging Covid, Painful Shutdowns” after paragraph #13. Some free advice, in most of these local issues, I imagine my neighbor on the other side of any issue, perhaps that will help you empathize. From what I read, you saw Donald Trump himself walking down South St. Oh, and your citation…the recent Supreme Court case in May, the one where the church sued Gov Newsom..the church sued for injunctive relief as they wanted to be treated like a secular business (e.g. a grocery store) where there was no occupancy limit. They didn’t object to masks or social distancing. The dissent supported the church, but the majority found “Applicants seek to enjoin enforcement of the Order. “Such a request demands a significantly higher justification than a request for a stay because, unlike a stay, an injunction does not simply suspend judicial alteration of the status quo but grants judicial intervention that has been withheld by lower courts.” From what i read, it’s a tactical loss, but I’d omit that also as it doesn’t really fit your narrative.
Let’s heed Joe Biden and “give them a break, man” – those protestors? They’re our neighbors. Once you cannot understand why your neighbor does what he does, or votes how he votes, or says what he says, it will become even harder to understand what we have in common to move forward.
Hats off to Linda Stamato for such an intelligent, fact-filled article complete with historical background examples that include the Supreme Court. Hopefully now with a new President-elect committed to healing our nation and making it united again, we will have a government that is honest and takes the responsibility to work with the collective action of all states along with public health care professionals to determine the Covid policies that will best ensure public health and safety and begin to restore our suffering towns. The public and the retail folks needs to know what is required of them and why. No more lies that only confuse and anger folks. Sunday’s march against Covid restrictions is just one sad example of folks being fooled by lies and then expressing their anger by marching which is their right but a waste of their time and only exposing more folks to Covid. These people need to recognize the reality of needed regulations and start to help one another in a safe way that helps reduce Covid not spread it even more. Than you, Linda, a well reasoned and presented opinon !!!
Connor and John Q makes some excellent points but they don’t seem to be reacting to words that I used or the point that I was making about the legitimacy of actions of government that serve the common good that have been supported by the United States Supreme Court. My column seems to have served another purpose entirely for them, to knock educated people, to accuse critics of one thing for something else entirely, and to use or, shall I say, misuse a platform, to launch attacks on a person because of the credentials she has while ascribing views to her that she does not hold. And, by the way, Rutgers University has terminated and furloughed a significant number of employees, staff and teachers, cut salaries and other measures to try to ameliorate the impact on its primary missions, teaching and research. If it makes you two any happier, let me tell you that I no longer receive a salary. I am donating my own funds to help a variety of businesses stay afloat, something you wouldn’t know about because you choose to make unfounded assumptions. Why not try focusing your considerable energies on helping the very businesses you claim to be defending? We all need to do our part, I get that, and limit the amount of sacrifices people have to make while we try to hold together until we have a vaccine and it is widely distributed. I wrote because the reports I read, here and elsewhere, indicated the individuals who were protesting were demanding that government, effectively, stand down, which, under the circumstances, will cause greater harm to people, not least the healthcare workers on the front lines, increase infections, and delay the day on which we have Covid under control.
Excellent summary John. The people criticizing business owners never have owned and likely never will start their own business. They don’t get it. They think the world of small businesses should operate like a multi million or billion dollar organization – and if they don’t, its not because they cant, its because the owners are greedy and selfish.
The people who write this and agree in comments are likely in the same secure govt salary, big business or union position as Linda. Her view points are the same on economic freedom as can be noted on her positions on nearly all new local businesses and development in town. Its also evident in the lack of understanding that opinions, especially theirs, are not more powerful than the free market.
An article written by a university professor Contributor calling an entrepreneur’s protest to safeguard their livelihood isnt exactly objective. The message of We the People NJ wasn’t solely anti-mask wearing and social distancing. I fully agree that science (and South Korea’s success in batting Covid-19) proves that we need to such measures; however, Ms. Stamato runs very little risk of using her words to call these business owners “misguided and misplaced”. “Give them a break, man!” – Joe Biden.
Opening a business and pursuing a passion takes guts and each business owner chose to take some risk in doing so; each is fighting for their businesses today and wants patrons to keep the lights on, i’m sure they’ll take them socially distant and donning masks. Ms. Stamato will need not worry about her Rutger’s paycheck should the University tell her to work from home until Operation Warp Speed is fully underway. In fact, I’d bet there is zero chance that Rutgers goes bankrupt, closes or lets her go during a Covid shutdown. Collectively, we need entrepreneurs to keep places like Morristown unique.
Just like South Korea’s ability to contain this virus shows that masks and other measures work, the sign in the window at Strawberry Fields on South St. that says “Business For Sale” shows that Covid can also kill our economy. There are no similar measures to ensure that businesses survive. $1200 stimulus? PPP ran out long ago… The notion of shutting down is what scares these people.
Ms. Stamato doesn’t quite get that her criticism of these business owners is akin to taking climate advice from Donald Trump. I find it hard to believe that a co-director of conflict resolution comes across so myopic and without more objectivity.
How do you think the great atrocities of the past were implemented? Do you think tyrannical governments all of a sudden state how in every way they will oppress people, and then everyone just votes on it in a day or something? Its little by little. Drip by drip, until freedoms are gone and there is nothing left you or anyone can do about it at that point. Its amazing how people who never experienced true government dictatorship will give up so much so easily, and have the audacity to lecture those who were actually oppressed, in the name of safety and protection.
Bravo, Linda Stamato
Well said.