July 25, 2020 Issue, Page 4 of 8

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Page 4 The Elk City News, Elk City, Oklahoma Saturday, July 25,2020 Mask wearing: Maybe you Opinion Page “ElkCituNews have a right to put your health Serving Western Oklahoma since 1901 After SCOTUS ruling, Oklahoma navigating at risk, but not that of others uncharted waters By David DeGrazia, The which asserts positive rights Baltimore Sun to such basic needs as food, prerogatives to harm others (without their consent) or dangers others. If liberty rights had unlim- The Oklahoman “T don’t need a mask!” de- clothing, housing and health violate their rights. Once we ited scopes, then there could The impact of a U.S. Supreme Court ruling on tribal clared the San Diego woman care, According to libertari- appreciate that rights have sovereignty in eastern Oklahoma is already being felt, and anism, a fundamental right boundaries, rather than be- be no legitimate laws or so- to a Starbucks barista. The the tremors are sure to continue. Just how wide-ranging woman apparently believed to liberty supports several ing limitless, we can see the cial norms - since all laws they become, only time will tell. she had a right to enter more specific rights includ- relationship between liberty and norms limit liberty in The 5-4 ruling this month said the Muscogee (Creek) mask-free, contrary to the ing freedom of movement, rights and public health. some way or another. That Nation’s historic reservation was never officially termi- coffee bar’s policy. freedom of association and Your rights to freedom of nated by Congress. Justices said a child rapist who had means that, if faux libertari- been tried in state court should have been tried in federal A surprising number of freedom of religious wor- movement, freedom of as- anism were correct, then the court because his crimes were committed in part of the Americans treat expecta- ship. Neither the state nor sociation, and so on do not reservation. tions of mask-wearing dur- encompass a prerogative to only legitimate government other individuals may vio- The ruling applied to the eight counties inside the reser- ing the coronavirus pan- place others at undue risk; would be no government at late these rights of com- vation, including much of Tulsa, but is expected eventu- demic in a similar way - as if petent adults for their own to endanger others in this all, which is to say anarchy ally to extend to the other four members of the Five Tribes these expectations were pa- protection. To do so would way is to violate their rights, as opposed to civil society. - the Choctaws, Chickasaws, Cherokees and Seminoles. ternalistic, limiting people’s be unjustifiably paternalis- which you have no right to And if no social norms were ‘The ruling’s impact “will be very broad and affect every liberty for their own good. tic, say libertarians, treating do. This idea justifies our aspect of legal and political life in eastern Oklahoma,” legitimate, then each of us They are dead wrong. grown-ups as if they needed sensible laws against drunk said Drew Kershen, a professor emeritus at the University Their thinking reflects parenting. driving. So even a libertar- would lack not only legal of Oklahoma and a water law expert. what we might call “faux Why do I claim that ian can, and should, applaud rights but also moral rights. The day after the ruling, the district attorney in Tulsa libertarianism,” a deforma- Americans who resist mask- Starbucks and its barista for In that case, we would have County dismissed two murder charges filed against a man tion of the classic liberal the- wearing in public embrace insisting on mask-wearing accused of leaving his children in a hot car, after pros- no right to liberty or any- ecutors learned the children had tribal ancestry and thus ory known as libertarianism. faux libertarianism, a disfig- during the coronavirus pan- thing else. the DA's office did not have jurisdiction. The prosecutor’s Libertarianism is the po- ured version of the classic demic. Whether or not the litical and moral philosophy liberty-loving philosophy? woman who said she didn’t Unlike libertarianism, office has asked the U.S. attorney in Tulsa to review the case. according to which everyone Because they miss the fact need a mask had a right to which is a coherent outlook, Attorney General Mike Hunter’s office and the tribes has rights to life, liberty and that a compelling justifica- ignore her own health, she faux libertarianism refutes are working with prosecutors and law enforcement to help property - and various spe- tion for mask-wearing rules had no right to put other itself by destroying any in- them with the new rules. Those rules will affect criminal cific rights that flow from is not paternalistic at all - not customers and Starbucks telligible basis for rights to cases, but also have created uncertainty about civil mat- these fundamental ones. focused on the agent’s own employees at risk - either ters such as contracts and regulations, Hunter said. Libertarian rights are good - but rather appeals to directly, by possibly spread- life, liberty, and property. I On July 16, the Five Tribes and state leaders announced rights of noninterference, people’s responsibilities re- ing infection, or indirectly, am no fan of libertarianism, an agreement intended to clarify jurisdiction on criminal rather than entitlements to garding public health. This by flouting a norm of mask- which I find problematic at and civil matters, although two tribes later said they were be provided with services. point is entirely consistent wearing that is reasonably various levels. But it is far not part of the deal. It would affirm the tribes’ jurisdiction in criminal matters over Indians in their territories and So your right to life is a right with libertarianism. related to public health and more compelling than its in- non-Indians covered by laws such as the Violence Against not to be killed and does not Consider your right to protecting other people from coherent impostor, faux lib- Women Act, and would affirm state jurisdiction for all of- include a right to life-sus- freedom of movement. This harm and rights violations. taining health care services. right does not include a right ertarianism. fenders in the same area except for crimes involving Indi- The fallacy of faux lil ans committed on Indian trust or restricted land. And your right to property is to punch someone in the ertarianism is thinking that Mask up, people, before In arguments before the Supreme Court, the state said a right to acquire and retain liberty rights have unlimited you enter crowded, public face, unless you both agree thousands of convicted criminals would potentially seek property through your own to a boxing match, and does scopes, that one’s right to spaces! new trials if justices sided with the Creeks. Hunter told lawful actions, not a right to not include a right to enter freedom of association, for David DeGrazia (ddd@ The Oklahoman’s Chris Casteel that he hopes a court will be provided property. someone else’s house, with- example, means a right to be designated to review the status of those seeking new Libertarianism lies at the out an invitation. get together with anyone, at gwu.edu) is the Elton Profes- trials, to ensure the crime occurred on Indian land and in- opposite end of the political Rights extend only so any time, under any circum- sor of Philosophy at George volved a Native offender. Hunter’s office also has sent a spectrum from socialism, far. They do not encompass stances, even if doing so en- Washington University, memo to law enforcement in the Creek reservation about procedural changes. Given the role they serve, Oklahoma's three U.S. attorneys have assured Hunter, he said, that their priority is making sure those who com- mit serious crimes in their jurisdictions are held account- able. The AG acknowledged that future could be rocky at times. However, he said, “there’s really a collaborative, hand-in-glove interaction right now to get a handle on the public schools should reopen challenges of transferring jurisdiction” over those impact- By Cynthia M. Allen, Fort It’s valid to question that children are not only eye toward keeping school ed by the decision. Worth Star-Telegram whether all these tasks less severely impacted by doors open. The agreement on July 16 is an example. Further coop- Lots of questions have should fall to schools. But the virus, but appear to There are numerous eration must continue, and we’re confident it will, as the been raised in the often con- here we are, and for a large spread it less readily to both thoughtful blueprints for re- state navigates these newly uncharted waters. tentious discussion over if, number of children and par- adults and other children. when and how to reopen ents in America, this is what While this research isn’t opening schools that balance Letter to editor: schools in the fall. But the question conspicu- schools are expected to do. conclusive, it does suggest the unique needs of teachers It’s why the notion of that young kids in particular, (particularly those at higher OBI convalescent ously absent from many of these debates is perhaps the keeping millions of kids at home - isolated, perhaps are less of a danger to adults than we once thought, and risk) with the primary goal of meeting the holistic needs with no adults present, sit- should provide some relief plasma campaign most fundamental: What is of students. the goal of public education? ting before glowing screens to teachers concerned about School reopening may Schools are charged with instead of among teachers classrooms full of tiny vec- is a winning idea instructing our children in and peers, in home environ- academics - reading, writing, ments not always conducive tors. be messy, but its failure is Older students are a dif- far from inevitable. Indeed, By Ertis L. Johnson arithmetic, science - yes, but to learning let alone safe - ferent matter. But while it seems possible that this On July 16, Dr. John Armitage, the director of the Okla- they also play an integral, if should be unthinkable. transmissibility appears to pandemic will give rise to homa Blood Institute in Oklahoma City, announced on not always tangible, role in This is especially true increase with age, so does greater support for public KOCO-Channel 5 in Oklahoma City that since 25,000 the physical, emotional and knowing that the haphazard responsibility and the abil- education, financially and people now have the coronavirus — COVID-19 — in Okla- moral development of chil- virtual learning of this past ity to follow directions and otherwise. homa, OBI is hoping to help stop the spread of the virus dren. spring most deeply impacted abide by rules, like physical It’s also possible that our and save lives by giving currently infected patients a pint Schools are where many low-income and minority distancing. of plasma donated by those who have already recovered children learn to play, to students. If masks are as effective society moves toward an [about 20,000]. compromise, to follow di- As my progressive teacher as emerging evidence and environment where the fam- Armitage went on to say that some former patients with rections, to win (and lose) experience suggests they ily - be it nuclear, extended friend recently said, “Just the virus have already been giving heir blood for this he- graciously, to face adver- weeks ago, the national are, strict mask policies for or created - is the epicenter roic cause, but that there has been only 400 so far doing sity, to accept responsibility conversation was all about teachers, staff and middle of learning and personal for- so. The rate at that time was about 10 per day. In order to and to become well-rounded Black lives. Now, none of and high school age stu- mation. That wouldn’t be stimulate people who had the virus to give of themselves individuals. They are pro- my colleagues want to return dents, should significantly to help others, Armitage announced that the OBL, starting foundly important to many to school.” What about the reduce spread, even when such a bad thing. this past Monday, is having a drawing for two gift cer- children’s growth. education of Black students? compliance isn’t perfect. But for the here and now, tificates every day worth $1,000 each for those who have As many have pointed out, Shouldn’t that matter, too? The experiences of other our schools play a profound given blood that current day. schools also serve practi- This fact alone should countries will also be infor- role in the lives of our youth. Do you see what that this means? If you’re a former cal purposes in the lives of compel us all to pursue a so- mative, since many nations Keeping them closed should COVID-19 patient, you have tremendous odds of winning many children, providing lution that ensures schools reopened schools as early as not be an option. $1,000 for your one-pint donation; on July 16, it was one meals for kids who need are open this fall; there are May. Cynthia M. Allen is a col- in five. If the number giving their plasma with the virus them, child and aftercare in good reasons to believe that While outbreaks are inevi- umnist for the Fort Worth antibodies doubled to 20 per day, your odds would be 1 single-parent households it is possible to do this safely. table, schools, students and in 10. Those are wonderful odds! Extremely much better or those where both parents While the science con- parents (and their employ- Star-Telegram. Readers may than any lottery or jackpot you could find anywhere in the work, and a safe environ- tinues to evolve, there is a ers) need to be as flexible as send her email at cmallen@ See Plasma page 8. ment for at-risk youth. growing body of evidence possible, but always have an star-telegram.com.