Is it a right to not wear a mask?

Reporters looking for an expert to offer insight into the political and social divides of wearing masks in public should contact Syracuse University associate law professor Doron Dorfman.

Prof. Dorfman can offer a legal analysis of what can or cannot be enforced in the current face mask debate as well as the psychological motivators behind the adherence or defiance of the law in such matters.

Here are Prof. Dorman’s comments on this issue:

“The confusion regarding the use of masks in public spaces stands at the intersection of law & psychology and constitutional law. The ability of the federal government to direct the use of PPE is problematic from a federalism standpoint, by which under the Tenth Amendment to the Constitution the states are entrusted with the police powers to protect the welfare, safety, and health of the public,” said Dorfman.

“From a law and psychological standpoint, however, compliance and trust in states’ authority seems to be lower than trust in the federal government. The protests across the nation against governors in states like Michigan, Texas and Maryland are a case in point. The rhetoric that is used by a fraction of the population is what I coin as reversed disability law: distorting federal anti-discrimination laws in order to protect against an invented right not to wear a mask,” said Dorfman.

Prof. Dorfman’s current research focuses on public perceptions of disability rights law and health laws. His upcoming paper is an analysis of moral panic around perceptions of legal protections for people with disabilities. A full list of publications and research can be found here. He currently teaches health law, disability law and employment discrimination at Syracuse University College of Law.

To schedule an interview with Prof. Dorfman, please contact Ellen James Mbuqe at ejmbuqe@syr.edu or 412-496-0551.