![]() But the more frightening the situation, the greater the danger is that governments will take advantage of people’s fears to augment their own power, stifle any opposition, silence their critics, and maintain a monopoly on information. Nothing written here is meant to imply the COVID-19 pandemic is not extremely serious or that strong government action is unwise. Also, they must be accompanied by a strong effort to arrange for voting by mail or another way to vote safely as soon as possible. But any such delays cannot be at the sole discretion of the incumbent government. Because of the dangers of public gatherings, some level of delay might be necessary. While under certain limited circumstances, governments may need to prevent the spread of false information, this sort of unchecked power by the government to punish journalists and others for spreading information that the government disagrees with is a recipe for totalitarianism.ĭelayed Elections : There are numerous examples of delayed elections. In Egypt, the government blocks or limits access to news websites that it deems to be spreading false information about the pandemic. Similarly, in Hungary, journalists and others face up to five years imprisonment for “distorting” information about the disease. In Thailand, journalists can face up to five years in prison for failing to correct what the government deems to be incorrect information about the coronavirus. For example, the Indian state of Maharashtra, with a population of 114 million people, has put such a restriction in place. The requirement that warrants be issued by an independent judiciary is a core protection against tyranny.Ĭontrol of Information: Numerous countries have made it illegal for the media or individuals to publicize information about the coronavirus without government pre-clearance. And warrantless searches and arrests are an arrow through the heart of a democratic society. That is a far cry from declaring that the right to association has been suspended altogether. ![]() As I discussed in a recent post, in the United States the various stay at home orders issued so far are probably constitutional because they are narrowly tailored to further the compelling governmental interest in controlling the spread of the virus. While there are obvious reasons for limiting gatherings during this crisis, that does not justify their wholesale suspension. Suspension of Rights: Numerous countries have suspended fundamental democratic rights such as freedom of assembly, freedom of movement and protections against warrantless searches and warrantless arrests. The aggressive deployment of these technologies must be held in check by sunset provisions, clear rules against their abuse, a system of independent oversight, and transparency. The combined technology of tracking apps, facial recognition software, and drones can give a government virtually unlimited power to track its citizens. But once governments gain new powers, they don’t always give them back. It is certainly important to contain the spread of COVID-19.
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