Be specific. What court case against public health officials could somebody today bring to court, successfully appeal all the way to the SC, and win? My guess is that the SC is going to look at our laws, the Constitution, and conclude that in the case of serious medical situations, the government has the right to limit the movement and speech of individuals and corporations, while still allowing for democratic processes to elect new officials who might enact more stringent or lenient laws within the constitutional framework.
I think you could get away with movement, but do you really thing restricting speech would hold up?
Beyond someone actively trying to get everyone to go outside at the same time and deliberately infecting people right now, I don't see what could pass the brandenburg test.
Individual not being able to work and feed his family vs some of society getting sick and those who had pre existing conditions sometimes dying.
How do you predict what is worse ?
If you read about the impact of the great depression it makes covid look rather trivial. Do we repeat the great depression and is that for the benefit of society as a whole ?
