During the COVID-19 Pandemic, Leon County in my adopted state of Florida mandated the wearing of face coverings in indoor, public spaces. There were numerous exceptions, such as while exercising (at a distance) and for health reasons. Those who violate the ordinance faced an initial $50 fine which increased to $125 and then up to $250. As would be expected, this ordinance was met with some resistance. Some even claimed that the mask mandate was tyranny.
While discussing the tyranny of the mask during COVID-19 has some historical value, there is also the general issue of whether such health focused mandates are tyrannical. After all, it is just a matter of time before the next pandemic and the state might impose mandates intended to keep people safe. Or it might not, depending on who is in charge.
One challenge is agreeing on a serious definition of “tyranny” beyond “something I don’t like.” Since American political philosophy is based heavily on John Locke, he is my go-to for defining the term.
Locke takes tyranny to be the “exercise of power beyond right.” For him, the right use of power is for the good of the citizens and a leader’s use of power for “his own private separate advantage” is exercising that power “beyond right.” Locke also presents some other key points about tyranny, noting that it occurs when “the governor, however entitled:
- Makes his will and not the law the rule
- Does not direct his commands and actions to the preservation of the properties of his people.
- Directs them to the satisfaction of his own ambition, revenge, covetousness, or any other irregular passion.”
Did the ordinance, and similar impositions, meet the definition? On the face of it, it did not. After all, the aim of the ordinance seemed to be for the good of the citizens: it was aimed at reducing the chances of infection. It was also aimed at allowing businesses and other public places to remain. That is, it was aimed at the preservation of the properties of the people. There is no evidence that those in office used the ordinance for their “own private separate advantage” or were trying to satisfy some “irregular passion.”
It could be argued that while the objectives of the ordinance were not tyrannical, the ordinance involved exercising power “beyond right.” That is, the ordinance overstepped the legitimate limits of the power of the governing body. Since I am not a lawyer, I will focus on the moral aspect: do authorities have the moral right to impose a mask requirement or similar health measure on the people?
While people tend to answer in terms of their likes and dislikes, I will follow J.S. Mill and use principles I consistently apply in cases of liberty versus safety. As in all such cases, my first area of inquiry is into the effectiveness of the proposed safety measures. After all, if we are giving up liberty to gain nothing, this would be both foolish and wrong.
While there is some debate over the effectiveness of masks, the consensus of experts is that they do help prevent the spread of the virus. There is also the intuitively plausible argument that face coverings reduce the spread of the virus because they reduce the volume and distance of expulsions. They also block some of what is incoming. Medical professionals have long used these masks for these reasons. In future pandemics, we will also need to evaluate the effectiveness of proposed measures in good faith.
But wearing a mask is not without its costs. Aside from the cost of buying or making masks, they are uncomfortable to wear, they interfere with conversations, and it is hard to look good in a mask. While breathing does require a tiny bit more effort, this is generally not a significant factor for most. Those with pre-existing conditions impacting their breathing are more likely to be severely impacted by COVID-19—but they will need to rationally weigh the relative risks. Anecdotally, I did not find the masks problematic for normal wear, but I used to run wearing a face mask during the Maine winters to keep my face from freezing. That said, the “paper” masks were uncomfortable to wear when they were soaked with sweat, but I was almost always able to rely on distancing while running.
Weighing the effectiveness of the masks against the harm, they seem to have had a decisive safety advantage: by enduring some minor discomfort for short periods of time you could reduce your risk of being infected with a potentially lethal disease. You also reduced the risk of infecting others. Again, whatever measures are proposed during the next pandemic will also need to be assessed in this way.
The second issue to address is whether the gain in safety warrants the imposition on liberty. After all, some people did not want to wear masks, and it is an imposition to require this under the threat of punishment. My go to guide on this is the principle of harm presented by J.S. Mill.
Mill contends that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” I will rely on Mill’s arguments for his principle but agree it can be criticized in favor of alternative principles.
During the discussion of his principle Mill argues that we (collectively) have no right to infringe on a person’s liberty just because doing so would be good for them or even to prevent them from harming themselves. As long as their actions impact only themselves, their liberty is absolute. Applying this to the masks, if they only served to protect a person from infection, then Mill’s principle would forbid their imposition: people have the liberty of self-harm. If this had been true, I would have agreed with those who saw masks as tyranny: they have the moral right to put themselves at risk if doing so does not harm others. As they say, their body, their choice.
To use an analogy, If I want to go shooting without wearing any eye protection (and I have medical insurance), I have the right to be stupid and risk losing an eye. But the masks do more than protect the wearer; they also protect other people. If I go out without a mask and I am unaware I am infected, I am putting other people in greater danger—I am potentially harming them. As such, it is no longer just my business, it is their business as well.
Going back to the gun analogy, I do not have a right to just shoot my gun around whenever and wherever I want since doing so puts other people at risk of injury and death. I can be rightfully prevented from doing this. To use another analogy, while I think a person has the moral right to turn off their airbag in their car and face a greater risk of injury or death, they do not have the right to remove their brakes since that would put everyone in danger.
The obvious conclusion is that the imposition of masks was not tyranny. In fact, it is an excellent example of how the state should exercise its power: for the protection of the citizens based on the best available evidence. When the next pandemic arrives, the same approach should be taken. Assuming that the government tries to do anything to address it.