Tornadocane
Member
Constitutional Law 101: Difference between State and Private Actors on an Individuals right to Free Speech
A store policy is like a form of speech (commercial speech), as well as a limitation of the speech of customers. Wearing a mask is also considered speech. The store can force people to wear masks cause they are a private actor, but a state cannot ban masks cause they are a state actor, unless they had a rational basis for infringing on that person or private businesses rights. The store has the right to ban almost any speech, because you have first amendment right not to associate with that store. In contrast, you can't reasonably avoid the police powers of the municipality, state or federal government.
A store policy is like a form of speech (commercial speech), as well as a limitation of the speech of customers. Wearing a mask is also considered speech. The store can force people to wear masks cause they are a private actor, but a state cannot ban masks cause they are a state actor, unless they had a rational basis for infringing on that person or private businesses rights. The store has the right to ban almost any speech, because you have first amendment right not to associate with that store. In contrast, you can't reasonably avoid the police powers of the municipality, state or federal government.