Bret Stephens, in his op-ed "Thank You, Justice Gorsuch" suggests that someday liberals will celebrate the recent ruling of the Supreme Court on religious liberty. I suggest that Mr. Stephens completely misconstrues the ruling and the liberal mindset. The decision, which enjoined Gov. Cuomo's restrictions on the size of religious gatherings during an upsurge in the pandemic, seems to substitute the judgment of the justices for that of public health experts, in contravention of earlier rulings.
Mr. Stephens uplifts Justice Gorsuch's reach for literary sheen ("Government is not free to disregard the First Amendment in times of crisis" and "Even if the Constitution has taken a holiday during the pandemic, it cannot become a sabbatical").
Yes it can and yes it may, depending on the degree and duration of the danger to be avoided.
Freedom of speech may be curtailed if it imperils public safety, constitutes a threat, is found to be obscene or defames an individual or group. The right to assemble is subject to reasonable, content-neutral, narrowly tailored limitations. Thus, a large group planning to march on a busy thoroughfare may be required to obtain a permit.
These limitations do not make the protected rights "second-class" just as health-driven restrictions on religious observance, based on scientific determination , do not unconstitutionally infringe religious liberty.
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