Malcolm Rivera
During the COVID-19 pandemic, many countries and states implemented stay-at-home orders to curb the spread of the virus. While these orders were generally well-intentioned and necessary, some citizens and businesses protested, claiming that their constitutional rights were being violated. These protests sparked debates about the limits of governmental power and the interpretation of constitutional rights, with some arguing that their freedom of speech, assembly, and movement were being infringed upon. As a result, several lawsuits were filed, and judges in various states had to rule on the constitutionality of these orders, with differing outcomes.
| Characteristics | Values |
|---|---|
| Violation of freedom of speech and assembly | People protested against stay-at-home orders, claiming their freedom of speech was being violated. |
| Violation of right to interstate travel | Judge Stickman ruled that the Pennsylvania stay-at-home order violated the constitutional right to interstate travel, protected by the Fourteenth Amendment. |
| Violation of right to due process | Plaintiffs in Michigan and Arizona alleged that stay-at-home orders infringed on their right to due process. |
| Violation of freedom of movement and association | Judge Stickman's ruling questioned the government's power to restrict people's freedom of movement and association during a crisis. |
| Economic impact | Protesters in Idaho demanded the state's economy be reopened, arguing that all businesses were essential. |
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What You'll Learn
Violation of freedom of speech and assembly
The First Amendment of the U.S. Constitution guarantees freedom of speech and assembly. It states that no law may "abridge [the] freedom of speech, or of the press; or the right of the people peaceably to assemble."
The COVID-19 pandemic has triggered various emergency designations in state and local regulations, and the government has the power to protect the health, welfare, and safety of its citizens. This is referred to as the police power, which allows state governments to regulate behavior and enforce orders in the name of health and safety.
However, there is a tension between the government's police power and citizens' right to free speech and assembly. The pandemic has raised questions about whether stay-at-home orders violate these constitutional rights. Some argue that the right to assemble is violated when people are prevented from gathering in the same physical space, even if these measures are necessary to protect public health.
The government's constraints on First Amendment activity during times of crisis must face strict judicial scrutiny. A federal judge in Kentucky noted that even as the government pursues a compelling interest in containing a pandemic, its efforts must be "narrowly tailored to advance that interest." The government cannot be selective in how it burdens First Amendment conduct and must enforce restrictions neutrally, regardless of the content of a person's speech.
While social distancing measures may impact the right to assemble, some legal experts predict that these measures would stand up in court given the government's broad powers during a public health crisis. Lawsuits would likely only succeed if they are challenging an egregious practice.
Some states have specifically included First Amendment protections in their stay-at-home orders. For example, Ohio's order lists "First Amendment-protected speech" as an essential activity, while Arizona includes "constitutionally protected activities such as speech." These states require social distancing while citizens exercise their free speech rights. In contrast, Michigan's order did not initially protect First Amendment rights explicitly, and protesters were charged with violating the order. However, after a federal judge forced the state to drop the charges, Michigan officially modified its order.
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Violation of the right to interstate travel
The right to interstate travel in the United States is a fundamental Constitutional right, despite not being explicitly stated in the Constitution. This right is primarily governed by the Privileges and Immunities Clause, which states that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States". In other words, all American citizens, whether they are visitors or residents, must be treated equally by state governments.
The Supreme Court has played a significant role in upholding this right through various rulings. For example, in Shapiro v. Thompson (1969), the Court ruled that welfare assistance requirements that imposed a one-year residency condition were impermissible as they infringed on the fundamental right to travel. Similarly, in Dunn v. Blumstein (1972), the Court struck down durational residency requirements for voting in state elections. These rulings reinforce the principle that citizens should not be penalised for exercising their right to interstate travel.
During the COVID-19 pandemic, the right to interstate travel came into conflict with public health measures aimed at preventing the spread of the virus. For instance, in Kentucky, an order prohibited in-person services, including faith-based gatherings, unless social distancing guidelines were adhered to. Several church congregants sued, arguing that the order violated their right to travel, among other things. The Sixth Circuit Court of Appeals granted an injunction, finding that the order likely violated the Free Exercise Clause.
In another case, the Governor of Maine imposed a 14-day quarantine restriction on out-of-state individuals, requiring them to either own or rent property in the state to quarantine. A group of businesses and individuals sued, arguing that this restriction deprived citizens of their fundamental right to travel and participate in commerce. The Supreme Court has established that the right to travel does not imply a right to use any particular mode of transportation. However, it has acknowledged that this right is closely related to freedom of association and expression, impacting state laws on abortion, same-sex marriage, and consumer protection.
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Violation of the right to due process
Stay-at-home orders, also known as lockdowns or shelter-in-place orders, have been a subject of controversy during the COVID-19 pandemic, with critics arguing that they violate citizens' constitutional rights. One of the key rights at the centre of this debate is the right to due process, which is guaranteed under the Fifth and Fourteenth Amendments of the US Constitution.
The Fourteenth Amendment holds that no person shall be deprived of "life, liberty, or property without due process of law". This amendment has been interpreted to include the right to be out and about in public, a right which is curtailed by stay-at-home orders. On September 14, 2020, the district court in Pennsylvania ruled that stay-at-home orders violated citizens' Fourteenth Amendment right to due process. The court found that the orders imposed too heavy a burden on citizens, taking away their constitutional rights to solve a narrow problem.
However, this ruling is not universally accepted. In Michigan, the Court of Claims sided with the governor, denying a motion for a preliminary injunction and holding that the stay-at-home order did not infringe upon the constitutional rights of Michigan residents. The court acknowledged that the rights asserted by the plaintiffs were fundamental, but Judge Christopher M. Murray stated that issuing injunctive relief would not serve the public interest, despite the temporary harm to plaintiffs' constitutional rights.
The inherent authority of a government to impose restrictions on private rights for the sake of public welfare, order, and security within the boundaries of constitutional law is a complex and highly debated issue. The COVID-19 pandemic has brought this debate to the forefront, with courts struggling to balance the protection of public health with the preservation of citizens' constitutional rights.
In summary, stay-at-home orders have been argued to violate the right to due process by imposing significant restrictions on citizens' freedom of movement and assembly. While some courts have agreed with this interpretation, others have upheld the orders as a necessary exercise of the state's police power to protect the health and safety of its citizens during a public health crisis. The debate over the appropriate balance between public welfare and individual rights is ongoing and continues to shape the legal landscape surrounding emergency public health measures.
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Violation of freedom of movement
The COVID-19 pandemic has led to various stay-at-home orders being issued across the world. These orders have sparked protests in many states, with demonstrators claiming that the restrictions on social gatherings and non-essential businesses are "unconstitutional".
In the United States, the Constitution protects the right to freedom of movement. This right is protected by the Fourteenth Amendment, which includes the protection of "liberty". While the specific boundaries of this right are not always clear, some have argued that stay-at-home orders violate this aspect of the Constitution. For example, in Arizona, a former Flagstaff restaurant worker, Joseph McGhee, filed a challenge to Governor Doug Ducey's stay-at-home order, arguing that it infringed on Arizonans' rights to "free movement and travel". Similarly, in Idaho, protests against the state's stay-at-home order were sparked by the Idaho Freedom Foundation (IFF), a nonprofit organization that "exists to advance conservative principles".
On the other hand, some judges and legal experts have argued that stay-at-home orders do not violate the constitutional right to freedom of movement. For example, in Arizona, U.S. District Court Judge Murray Snow ruled that Governor Ducey's order did not constitute a quarantine and that it included explicit exceptions for "constitutionally protected activities, outdoor exercise, caring for family members or friends in other residences, attending work, and other 'essential activities'". Similarly, in Michigan, the state's Court of Claims ruled that Governor Gretchen Whitmer's "Stay Home, Stay Safe" order did not violate citizens' constitutional rights, including their right to due process.
The debate over the constitutionality of stay-at-home orders highlights the tension between public health and safety concerns and individuals' rights to freedom of movement and association. While some argue that stay-at-home orders are necessary to combat the pandemic, others believe that they infringe on their constitutional liberties. Ultimately, the legal and constitutional implications of stay-at-home orders are complex and subject to ongoing debate and interpretation.
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Violation of the right to run a business
The COVID-19 pandemic has resulted in unprecedented restrictions on people's freedom of movement and association. In many states, stay-at-home orders have been implemented, with non-essential businesses forced to close. This has led to significant economic hardship for business owners and their employees. Some have argued that these orders violate their constitutional rights, including their right to run a business.
In the United States, the Constitution protects an array of individual rights, including the right to interstate travel, which is protected by the Fourteenth Amendment. The Constitution also limits the power of the government through federalism, separation of powers, and individual rights. During the pandemic, there have been numerous protests against stay-at-home orders, with demonstrators claiming that restrictions on social gatherings and non-essential businesses are "unconstitutional".
In some cases, these protests have led to legal challenges. For example, in St. Louis, business owners filed a lawsuit claiming that the city and county's orders violated their constitutional rights and left them financially strapped as they could not generate revenue. However, a district court judge denied their request for a temporary restraining order, citing that constitutional rights may be restricted in the interest of public safety during a pandemic.
In another case, a federal judge in Pennsylvania struck down state executive orders that restricted gatherings and closed non-essential businesses. Judge William S. Stickman wrote that while the orders were well-intentioned, good intentions were not enough to uphold governmental action against a constitutional challenge. He ruled that the order imposing limitations on gatherings violated the First Amendment, which protects freedom of speech and assembly.
The balance between public health and safety during a pandemic and the protection of constitutional rights is a difficult one, and it is likely that these issues will continue to be argued in courts across the country.
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Frequently asked questions
A stay-at-home order can violate the constitution by restricting people's freedom of movement and association, freedom of speech, and freedom of assembly.
Citizens can protest, as seen in many states, and file lawsuits against the government.
Courts have had differing opinions on the constitutionality of stay-at-home orders. Some federal judges have ruled that such orders do not violate constitutional rights, while others have struck down these orders as unconstitutional.
