Item B: Options to Address Hate Speech

Home Browse Search

ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Options to Address Hate Speech Meeting Date: November 26, 2008 Agenda Item Number: B Department: City Attorney’s Office Staff Contact: Jerry Lidz www.eugene-or.gov Contact Telephone Number: 682-5080 ISSUE STATEMENT This work session has been scheduled to allow the council to consider options to address hate speech and hate crimes in the City of Eugene. BACKGROUND The council has indicated a high level of interest in taking steps to address hate-motivated incidents in the community. This work session follows previous City Council discussions and presents a chance for the council to consider legal options to deal with hate-motivated incidents in the community. Hate-motivated incidents are generally separated into two categories: hate crimes and hate speech. A hate crime is generally defined as an offense that would otherwise be punishable on its own, but was motivated by the perpetrator’s perception of the victim’s race, color, religion, national origin, or sexual orientation. The hate component is considered to be an aggravating factor, because it increases the harm to the victim. Both the United States Supreme Court and the Oregon Supreme Court have declared that hate crime ordinances which focus on prohibiting a forbidden effect (for example, intentionally subjecting another person to offensive physical contact), rather than prohibiting speech itself, are constitutional. In contrast to hate crime laws, laws that prohibit speech itself, no matter how offensive the speech may be, are unconstitutional except in very narrow circumstances. Governments generally may not punish someone solely because of what he or she says. Thus, the free speech protections in the federal and state constitutions substantially limit the City’s options for addressing hate crimes and hate speech. However, the council could pursue one or more of the following options: an amendment to the City’s harassment ordinance to address the constitutional flaws recently identified by the Oregon Supreme Court; creation of a civil cause of action for victims of hate speech; creation of a new offense of Intimidation III; and enhancement of penalties for certain offenses that may be related to hate incidents.