Is America ok with unconstitutional restrictions? This survey asked respondents about eight possible policy responses to the COVID-19 outbreak, "all of which," say the authors, "may be unconstitutional." Substantial majorities supported all of them. /1
@DavidColeACLU @ACLU
@DavidColeACLU @ACLU
This isn't very surprising in the midst of such a crisis. But it also might not be quite as alarming as the authors suggest: If the chart's any indication, the policies appear to have been described to the respondents at a very high level of generality. /2
kevinlcope.com/wp-content/upl…
kevinlcope.com/wp-content/upl…
Yet it's possible that as many as seven of them *could* be implemented in a constitutional way. The devil would be in the details of each of the policies. (And even the eighth, the speech restriction, could have *some* constitutional applications, e.g., cases of fraud.) /3
Perhaps the authors could let us know whether the policies were described to the survey respondents in any greater detail (e.g., in a way that would render them clearly unlawful).
