Cynthia Stepien, on Behalf of Herself and Her Minor Child, et al. v. Phil Murphy, Governor of New Jersey, et al.
FirstAmendment DueProcess JusticiabilityDoctri
Whether the First Amendment protects schoolchildren from forced masking that eliminates communication, speech, and association
QUESTIONS PRESENTED 1. Whether the Court of Appeals erred in refusing to hear the merits of a First Amendment challenge to the forced masking of schoolchildren where the evidence demonstrated the absence of virtually all communication, speech and association among schoolchildren during the period of forced masking. 2. Whether the Court’s holdings following Tinker recognize a First Amendment right to protection from state intrusion into ordinary or common speech that is non-political and whether schoolchildren are protected from the absolute loss of such rights by the effect of forced masking and isolation.