For centuries, Americans have taken to the streets when they’ve had grievances to share. We’ve taken to the streets to make our voices heard, to effect change, and to feel and display the power and solidarity of mass gatherings. But with physical distancing and shelter in place orders prevalent throughout the U.S. and the world, how do we responsibly exercise our First Amendment right to protest, which remains as essential as ever?

Undoubtedly, there is a medical imperative to keep ourselves and our neighbors safe, and our hospitals from becoming overwhelmed. At the same time, public debate about urgent political questions — from construction of the Keystone XL pipeline and southern border wall to when and how to reopen the country — remains more vital than ever.

Current physical distancing measures have presented challenges, but people have found some creative ways to make sure their voices are heard. Here are just a few examples:

Keystone XL Pipeline Protests

In Montana, construction of the controversial Keystone XL oil pipeline has begun in earnest after it was declared “essential” by the governor, but public gatherings are prohibited. Community members have long argued that the pipeline will degrade the land and water, and that “man camps” for pipeline workers are a threat to indigenous communities. So, a small group of people — in accordance with the state’s ban on gatherings of more than 10 people — from the Fort Peck Assiniboine and Sioux Reservation gathered for a prayer circle, holding a length of traditional sinew to symbolize their physical distancing while maintaining their social cohesion. Their ribbon skirts and resolve, set against the Big Sky, inspire us to continue to protect the environment and indigenous communities.

https://twitter.com/sharensworld/statuses/1250549592271155201

Student Activism Moves Online

University of California graduate student activists have been mobilized around cost-of-living adjustments (COLA) for months, demonstrating at public events and even going on grading strike on several campuses. Ph.D. candidates tend to have very little income, and students and their families depend on campus resources — many of which are now shut down — to survive. With classes moving online and campuses largely shut down, student activists have shifted their movement online, too, with www.strikeuniversity.org, an innovative platform for sharing their concerns with decision-makers and garnering public support.

Drive-By Protests

Drive-by protests have been used by a variety of movements. While being in a car does not necessarily alleviate all health-related concerns and the degree to which such protests can be safely done may vary, this tactic has the advantage of looking in many ways like a traditional street protest. Officials from Indiana to Los Angeles to Puerto Rico cannot ignore the masses gathered outside their offices.

https://twitter.com/JoeEnglishKATU/statuses/1256301423010037762

Money Talking

Individual spending choices can also be a form of public protest. We have seen people speak out with their wallets in a variety of ways: donating to pandemic relief efforts, giving to friends and neighbors in need, and patronizing local and responsible businesses. In these small ways, we can show what we value and provide assistance to the millions who’ve lost their livelihoods, even as we demand that our government strengthen its safety net. Essential workers, many of whom are often people of color, have made their needs known, and many are joining together to help.

Vote and Be Counted

Voting and filling out the 2020 census are two more ways that people are making their voices heard, and should be possible without risking one’s health. Advocates are working tirelessly to ensure that election processes are as accessible as possible, while also reminding people that everyone can and should fill out the census, because the national headcount will have important implications far beyond the current crisis.

Windows to the World

During the pandemic, windows have become a key forum for expression. In New York City, we scream and clap at 7 p.m. every day to show our appreciation for essential workers. People confined to their homes are also displaying signs of solidarity and beauty with passersby, and people in detention have written pleas for help on their windows. And powerful curbside messages have also been sent using walls and sidewalks.

https://twitter.com/NBCNewYork/statuses/1239409499116646401

The Way Forward

The future of in-person protests remains uncertain, because even as lockdown measures are lifted in the coming weeks and months, physical distancing and bans on large gatherings are likely to persist. We may need to rely on creative means to protest for some time, but we must remain vigilant to ensure that any safety measures governments put in place are temporary and do not outlive their necessity.

History has taught us that people in power have strong incentives to use crises to consolidate power and silence dissent. It is often Black and Brown communities and the most vulnerable who bear the brunt of medical emergencies, as well as law enforcement efforts to implement restrictions on public life.

So, speak out, act up, and exercise your First Amendment right to protest. But be responsible, stay safe, wash your hands, and don’t risk your health and the health of your communities.

We’ll see you back in the streets just as soon as it’s safe to be there.

Emerson Sykes, Staff Attorney, ACLU Speech, Privacy, and Technology Project

Some states are officially loosening their stay at home restrictions, and more will join in the coming months as Americans attempt to inch their way back to pre-COVID-19 life. Some of us will return to work, gather in small groups, and maybe even dine at a neighborhood restaurant.

As we proceed, what will it take to keep us safe and prevent new spikes in infections? Many experts say we won’t be out of the woods until there’s a vaccine, but how would a national vaccination plan even work? At the same time, technological solutions are being proposed, especially related to contact tracing, the process by which public health officials can map and anticipate the spread of a virus. Google and Apple, for example, have proposed harnessing our cell phones for contact tracing using Bluetooth proximity detection.

Yet technological solutions raise a whole host of privacy and civil liberties concerns. Throughout history, examples can be found of using health and public safety as a proxy for discrimination, and a thinly-veiled excuse to carry out racist agendas that infringe on civil rights and liberties — especially during times of crisis. As technology continues to outpace the law, how can we ensure its use is unbiased, and truly in the interest of promoting public health?

On the podcast this week, we explored these questions with professor Michele Goodwin, the founding director of the Center for Biotechnology and Global Health Policy at the University of California Irvine School of Law, and ACLU staff attorney Jennifer Granick, who leads our work on surveillance and cybersecurity. You can listen to the episode here.

It’s almost the first of the month, and millions of tenants across the country are at risk of losing their homes in the middle of a global pandemic. In the seven weeks since the U.S. declared a national emergency, the COVID-19 pandemic already has resulted in widespread economic consequences. More than 30 million workers have filed for unemployment, though many have yet to receive any benefits. And last month, nearly a third of apartment tenants didn’t pay rent by the first week of April — an alarming sign that many households are struggling to make rent during this crisis.    
 
While Congress and state and city governments have issued some safeguards against eviction, an overwhelming number of tenants are not protected from being kicked out of their homes during a global health pandemic. The CARES Act’s federal ban on evictions only prohibits landlords from filing new eviction actions against tenants living in federally supported or financed housing, and will expire on July 24. Accordingly, most tenants must rely on their state or local governments, leaving many without protection. Landlords in some states, such as North Dakota, Missouri, and Arkansas, are continuing to evict tenants in the absence of any statewide eviction bans. Other states have issued temporary bans on eviction, but even those are significantly limited in scope and leave tenants vulnerable to losing their homes due to procedural hurdles or loopholes. Moreover, many of these statewide bans are time-limited and offer no long-term protections, ensuring that courts will be inundated with mass evictions as soon as these bans are lifted. Many tenants are also at risk of losing water and utility service, posing a major public health threat during a global crisis.
 
The impact of mass evictions and utility shut-offs will overwhelmingly burden tenants of color and, in particular, Black women. Earlier this year, the ACLU Women’s Rights Project and Data Analytics team found that on average, Black women renters had evictions filed against them by landlords at double the rate of white renters (or higher) in 17 of 36 states. These stark race and gender disparities in eviction have been found in other studies, which reveal that eviction often exacerbates and reproduces conditions of poverty for Black women and communities of color. Black women and communities of color will likely suffer the greatest hardship due to mass evictions — worsening the existing racial disparities that have emerged in the impact of the COVID-19 pandemic.
 
            The lack of statewide protections against eviction is also concerning for the housing security and safety of women, as tenants struggling to pay rent may be particularly vulnerable to sexual harassment and other forms of abuse by landlords during this crisis. There has been an alarming increase in reports of landlords sexually harassing tenants who are unable to pay rent due to COVID-19. Domestic violence survivors, already endangered because their homes are unsafe, face even greater vulnerability if eviction looms. Lack of safe and stable housing is one of the primary barriers that survivors face when trying to escape an abusive relationship. Strong protections against eviction are critical to ensure that tenants do not have to choose between enduring harassment and abuse or being forced to leave their home and compromise their well-being during a pandemic.
 
The impending flood of mass evictions will undoubtedly risk further spread of COVID-19, as families are forced to double-up with other households, seek refuge in crowded shelters, or find themselves living outside. Even without a public health crisis, eviction often sets off a chain of devastating hardships, including physical and mental health issues, chronic joblessness, financial loss, and homelessness. In the face of a global pandemic and its economic fallout, the harmful impact of eviction is only magnified. Moreover, the aftermath of eviction persists for decades, as individuals with prior eviction records are indefinitely shut out of future housing opportunities due to unfair eviction screening policies that deny housing to anyone with a prior eviction filing.
 
It is critical that state and local governments work now to ensure that renters do not face a surge of evictions due to an inability to pay back-rent as soon as the bans are lifted. Permitting mass evictions to take place — whether in one month or six — will lead to huge upheavals for families and threaten community stability.
 
In response to this threat, the ACLU and 20 state affiliates across the country joined housing advocates, organizers, and other groups to demand that their state and local officials take immediate action to prevent mass evictions and utility shut-offs due to the COVID-19 pandemic. State officials must issue comprehensive measures to stop mass evictions and utility disconnections that will:

• halt every stage of the eviction process, including the issuance of informal notices to evict;
• apply to all types of tenants and lease violations;
• prohibit the collection of late fees and retaliation against tenants who assert their rights;
• prohibit utility shut-offs and require restoration of previously disconnected services;
• and prevent evictions once bans are lifted, such as requiring landlords to negotiate reasonable payment plans and creating relief funds to cover back rent.

These protections will provide the certainty and stability that all families need to ensure that no one is at risk of losing their homes while we work to find longer-term solutions to handling the economic fallout of the COVID-19 pandemic. As millions are being told to shelter in place, access to stable housing is saving lives. We must work to guarantee that no individual or family faces the loss of their home due to the COVID-19 pandemic.

Linda Morris, Skadden Fellow, ACLU Women’s Rights Project,
& Sandra Park, Senior Staff Attorney, ACLU Women's Rights Project