Oregon high court protects racist, homophobic speech

Seattle Times ^ | 8/15/08 | William McCall

[LibWhacker]

Yelling homophobic or racist names is free speech protected by the Oregon Constitution if the insults don't lead to violence. In a unanimous ruling...

The Associated Press

PORTLAND — Yelling homophobic or racist names is free speech protected by the Oregon Constitution if the insults don't lead to violence.

[LibWhacker]

Sorry if this AP article isn't permitted. I'm genuinely confused about what is and what is not allowed. I see a lot of AP articles that were posted days ago but were never pulled... So I'm thinking that if I excerpt it severely enough, it might be okay???

If I'm wrong about that, please yank this thread like it's a naughty puppy on the heirloom carpet. And a zillion apologies. I won't do it again! Thanks.

[Domandred]

Pretty sure the AP embargo has been lifted, as long as the article is heavily excerpted, which I think you're fine on.

Far as the article goes...much as I hate racist and homophobic speech the Oregon High Court got it right. It's protected until it represents or causes a clear and present danger.

[weegee]

AP excerpts are permitted again.

[Red Badger]

In a unanimous ruling........there’s a surprise..........

[weegee]

Will this ruling mean that the MMM (Nation of Islam) cannot urge violence against the “white devils”? Does this mean that “Behead those who insult Islam” banners will be criminal?

[Abathar]

“As long as the insult doesn’t lead to violence”

So as long as the guy you are calling queer doesn’t punch you you are not in trouble. If he comes over and slaps your face then you go to jail, whether he follows you or not isn’t mentioned.

Things that make you go Hmmmmmmm...

[EyeGuy]

“Homophobia”

FEAR of homosexuals.

Doesn’t exist.

[B Knotts]

Johnson responded by calling them insulting names using amplified sound equipment.

LOL

[chris_bdba]

I may not support any haterful speech but according to our constitution liking to hear something isn’t part of the right. This ruling is spot on and I would hope that if congress ever decided to take up hate speech that they would be shot down in a heartbeat by the SC!

[Always Right]

Good to know that Obama’s black liberation theology is still protected speech.

[Dilbert San Diego]

It’s a good decision if we can express opposition to the politically correct agenda.

Does everyone know that people like Dr. Dobson from “Focus on the Family” and Dr. Laura Schlessinger have been censored in Canada because of their alleged “hate” speech in opposing the homosexual agenda? Our freedom of speech may be limited in the future if that attitude seeps south of the border. Glad to see a court case such as this re-affirming our right to speak in opposition to the politically correct agenda. And that simply speaking out doesn’t mean that it’s inciting violence.

[LibWhacker]

Oh, that’s right! There is the kind of speech that advocates violence vs. the kind that (intentionally or not) provokes or elicits violence, like calling a white guy the ‘W’ word. Now that you mention it, I don’t know what kind the court is referring to.

[Neoliberalnot]

Equating racism with disgust of perverted behavior is a clever ploy which has elevated and marketed a group representing the #1 vector of human diseases on the planet. I guarantee you the black people do not appreciate this disgusting comparison.

Male homosexuals have the highest incidence of HIV/AIDS, syphilis, drug-resistant gonorrhea, entamoeba histolytica, chlamydia, cytomegalovirus, herpes simplex I&II, Chancroid, Drug Resistant TB, Hepatitis A, Hepatitis B, Hepatitis non A & B, just to name a few. The press, of course, never discusses the CDC facts, but if you want to look for yourself the information is in the scientific literature. More than any other segment of society, the homosexuals are costing us billions in medical care and are a staggering threat to public health.

[LibWhacker]

Yep, good point. Is there any other kind of criminal activity where A can get charged for B’s crime?

[M203M4]

Free speech is free information. I'd rather have individuals free to broadcast their views in public, rather than concentrated and unchallenged in secret fever swamps. You cannot legislate away words and thoughts, or control their spread - you can only build a facade to give the illusion that society is bereft of the sociopolitical bogeymen of the day. The line between the evil (those who promote AND understand speech codes) and the deluded is blurry.

For the evil, pushes toward criminalization of unpopular thoughts and speech are merely the crowbars these collectivists use to pry their way into yet another domain of the individual, a necessary step for the progression of consummate tyranny.

[Abathar]

"And that simply speaking out doesn’t mean that it’s inciting violence."

I agree completely with the ruling, but what I was thinking is that if you didn't like what someone was saying you could go over and hit him, claiming what he said caused you to strike out.

Now couple that with protesters who would gladly trade theirs for yours in jail at a one to one ratio if they think they would get a sympathetic judge to hear the case (Think S.F. judge)

I am just wondering if people can't use the inciting violence rule to intentionally shut people up as a tactic is what crossed my mind.

[onlylewis]

So did I read this correctly? If I lived in Oregon and I was walking/riding down the road and some homosexual yelled come here you _________ and I'll kick your a** . If I went over and kicked his a** he would go to jail.

Is that the correct interpretation?

[Adder]

Does this mean I can call a spade a spade again?

/smirk

[DustyMoment]

Yelling homophobic or racist names is free speech protected by the Oregon Constitution if the insults don't lead to violence.

Wow!!! This is historic!

Coincidentally, the US Constitution has a SIMILAR provision - it's called the First Amendment, AKA Freedom of Speech!!

[LibWhacker]

Must be. Either that or the court is saying straight white men must control themselves at all times and not lose their temper, because they are neurologically capable of it. Whereas irrational, neurologically deficient minorities aren’t.

Can’t imagine...