After Gov. Tom Wolf exercised emergency powers to effectively suspend the practice of law in Pennsylvania, the president of the Pennsylvania Bar Association issued an official statement.
One might have expected a PBA declaration to reflect on how the rule of law can be preserved and the rights of citizens against the state protected when the work of lawyers has been declared “non-essential” and the courts have been closed to the public. Instead, the PBA president exhorted the public to refrain from “racist statements … against those of Asian-Pacific heritage” because our “civil society” depends on it.
While the statement did not explain what sort of “racist statements” to avoid, the context was clear to me: We should attribute no fault to China — say, by referring to the virus as the “Chinese” coronavirus. It is generally accepted as true that the coronavirus arose in China and that a combination of Chinese incompetence and malignance abetted its spread to the rest of the world. So to refer to it as “the Chinese coronavirus” speaks an important truth.
The rights of citizens to worship, travel, assemble and work may continue to be restricted by government fiat. The state may attempt to enforce those restrictions in unanticipated ways (immunity badges, electronic surveillance), including by limiting political speech. Under such circumstances the suspension of the practice of law and the closing of the courthouse may prevent the lawful vindication of our rights.
Apparently, some lawyers and judges view speech as a greater threat to “civil society” in these times. Vigilance is required.
James S. Lederach
Scottdale
The writer is an attorney.