Horowitz: Iowa passes the mask bill that every red state needs

"Every human being of adult years and sound mind has a right to determine what shall be done with his own body, and a surgeon who performs an operation without his patient's consent commits an assault, for which he is liable in damages." ~Supreme Court, Cruzan v. Director, Missouri Department of Health (1990)

"Breathing freely doesn't seem like something we should have to ask any other people permission for," said 10-year-old John in a now-viral video in front of the Martin County, Florida, school board. Well, Iowa has taken up that call and has now banned all school districts and local officials from ever instituting a mask mandate again. This should be a model in every red state.

Earlier this week, I called for all red states to pass "never again" legislation, ensuring that public health tyranny will never be attempted ever again by governors and mayors. The Iowa legislature has offered a model for doing so, at least for the masking issue. As part of a broader education tax credit package, the Iowa legislature passed HF 847 on Wednesday. It contains a provision barring all "authorities in charge of each accredited nonpublic school" from imposing a mask mandate on students and faculty. In addition, all cities and counties are precluded from forcing businesses to adopt a masking policy. The bill was signed by Gov. Kim Reynolds early Thursday morning.

"The state of Iowa is putting parents back in control of their child's education and taking greater steps to protect the rights of all Iowans to make their own health care decisions," said Gov. Reynolds. "I am proud to be a governor of a state that values personal responsibility and individual liberties. I want to thank the Iowa Legislature for their quick work in bringing this bill to my desk so that it can be signed into law."

It is shocking that not every red state has yet come to the realization that masking is immoral, especially for schoolchildren, and resolved to end the practice. Arkansas is the only other state to pass a statute forbidding future state and local mask mandates. Several governors have used executive orders to temporarily stop localities and school districts from requiring masks. North Dakota passed a bill (over Gov. Burgum's veto) blocking any statewide mask mandate in the future, but left local governments and school boards out of the ban. No other state appears to have taken precautions for the future.

Those precautions are absolutely necessary, because the mask cult is not over. Just yesterday, the CDC tweeted out a study warning about asymptomatic flu cases. Just a few days ago, Fauci suggested that mask-wearing could become the norm for flu season. Despite Fauci now admitting that asymptomatic transmission is "very, very low," they continue to use it as an excuse to mask everyone. The CDC's latest trial balloon tweet should serve as a warning to all of us.

The notion of masking being effective against a virus is so absurd that cases plummeted over 90% after Iowa terminated masking in early February, even as cases rose in neighboring masked states in the Midwest like Minnesota.

Indeed, with zero evidence masks have ever worked and with Fauci now admitting that in a post-vaccination world, masking is all "theater," to force someone to wear one is a violation of the First Amendment (in addition to the 14th Amendment) because it is compelling political speech. In Janice v. AFSCME, the Supreme Court observed, "Compelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command, and in most contexts, any such effort would be universally condemned."

There is no greater example of compelling adherence to a cause than forcing someone to reduce their oxygen intake through the symbol of that cause. The fact that they place it over your mouth and shout, "Virus!" certainly makes it no better than forcing someone to wear a burka, a yarmulke, or a cross. If anything, the fact that it also covers one's breathing likely constitutes an illegal seizure, in violation of the Fourth Amendment. Such a requirement must be subject to strict scrutiny, which would force the government to produce evidence that its religious symbol achieves any vital state interest and is the least restrictive manner of doing so.

It's not too late to permanently ban masks even in the states where the legislatures have already adjourned. Every state will convene a special session at the end of the summer to redraw the election maps based on the new census. That will be our last chance this year to permanently codify into law that breathing is a human right and must never be infringed upon ever again. The best time to kick the mask cult is while it is still down.