COVID JUSTICE

 I read yesterday that the government is spending $100 million in various programs to persuade people to be inoculated against Covid. Apparently close to half of the United States population has not been inoculated even though the vaccine is free and readily available.

The reasons for vaccine refusal are several; i) well, if I get sick, I got sick, ii) it's no worse than a bad cold, iii) I don't trust the government’s assertion that it is safe.

 Beyond that there is a host of nutsy conspiracy-themes, such as iv) the vaccine contains a marker so the government will always know where I am, v) the vaccine is really only for people over 60 and younger people are not seriously affected by Covid, you can get Covid from the vaccine, etc., etc.

Meanwhile, 97% of Covid hospital patients are unvaccinated, the incidence of disease is on the rise among the unvaccinated, and in some areas hospitals are reaching a point of maximum capacity.

Finally, we are seeing “breakthroughs” of fully vaccinated people, apparently caused exposure to the powerful variant Delta, a variance developed in people with Covid. So the unvaccinated who contracted Covid are not only at risk for their own health and that of other unvaxed contacts, they germinate variances that threaten the health of vaccinated people.

And while all this is going on, Tucker Carlson, Laura Ingraham, and a few others at Fox —(millions of watchers) derogate the vaccine. While the entire Fox on-air contingent is split on the issue, the network is still broadcasting colloquies on its shows where anti-vax talking heads criticize the government effort to persuade people to get inoculated. And when reminded that a refusal to be vaccinated could lead to a listener’s death, one Fox personality responded "That's their choice. It's not the government’s job to protect anybody.”

What to do to prevent a repeat of the worst days of 2020-21?

Two options come to my disordered mind. The first is on the minds of many, but nobody else is willing to say it:

One; Close ICU units to unvaccinated patients. Make no effort to treat any unvaccinated patient. Just isolate them. They either get better by themselves, or they die. That was their choice. 

In contrast, the following paragraphs are not a common idea. Indeed, I never heard anyone even mention it. That may or may not be a reflection of its merits.

Two: Sue Fox, and its anti-vax on-air personalities. Not all speech is protected by the First Amendment. In New York State there is a tort entitled "intentional infliction of emotional distress.” So if you could prove following factors, you might have a case: 

1. A speaker who believed inoculation was beneficial, (the proof was he was inoculated but refuses to admit it,) and
2. The speaker nevertheless makes false anti-vax statements because it is economically advantageous to him, and
3. A listener who hears those statements, and because he relies on them, refuses inoculation, and
4. The listener dies from Covid, and
5. His death causes extreme emotional distress to one or more members of his family, THEN,
6. Would you have made out a case of intentional infliction of emotional distress?

Just wondering.

A bientot.

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