Oregon ACLU: Limiting Speech Wrong Response To Portland Attacks

By Tim Manickam (OPB)
Portland, Oregon May 30, 2017 9:38 a.m.
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Vigils organized in the wake of the MAX attack called on Portlanders and Oregonians to unite against hate.

The crowd extended from the edge of Northeast Halsey Street to the steps leading to the transit center bridge.

Chalk markings on the Hollywood Transit Center ramp in May 2017 following the deadly attack on a Portland MAX train.

Family members of one of the victims sat together at the center of the circle.

Victim Taliesin Namkai-Meche's mother, left, received embraces from several speakers as they left the microphone.

The bridge over the MAX tracks at the Hollywood Transit Center in Northeast Portland. Memorials to the victims sprouted on the bridge and at the street corner.

A man hugs his daughter next to one of the memorials.

A woman kneels at a memorial for the victims of the MAX stabbing.

Portland Mayor Ted Wheeler speaks with citizens at the Hollywood vigil.

Friends of the victims embrace.

A woman holds a sign that says "LOVE" at a vigil for the MAX attack victims.

The MAX killings have drawn national attention and rocked Portland.

The crowd filled the platform of the Hollywood Transit Center, a daily stop for hundreds of Portland commuters.

At times, the mood at the Hollywood vigil veered from mournful to angry and back again.

Participants urged each other not to let the killings — and the hate that apparently motivated them — drive Oregonians apart.

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Friday's horrific attack on a TriMet train has prompted a debate among Oregonians about the difference between free speech and hate speech.

Two men were killed and another seriously injured when they attempted to stop another man from berating two teenage girls with racist and anti-Muslim language.

Related: Portland Mayor Ted Wheeler Reinstates City's Police Chief

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Now Mayor Ted Wheeler is urging the federal government to stop two rallies planned for Portland in coming weeks. One is billed as a “Trump Free Speech” rally. The other is a “March Against Sharia,” and it is part of a nationwide anti-Muslim demonstration.

Wheeler says the events should be canceled.

Mat dos Santos, the legal director of the ACLU of Oregon, says Wheeler’s call to block the rallies is well-intentioned but incorrect.

“The mayor isn’t just any Portlander,” dos Santos told OPB on Tuesday’s "Morning Edition." “He’s a government official, and he’s sworn to uphold the Constitution — even when it isn’t politically popular.

“… It’s troubling to hear him get the law so wrong.”

Dos Santos notes that hateful speech is still protected by the First Amendment.

“Without an imminent threat of violation, it’s censorship,” he said. “Generally speaking, First Amendment rights stop when they invite violence.”

To listen to the entire conversation, use the audio player at the top of this story.

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