The Oregon House of Representatives has passed a bill that if approved by the senate, signed by the governor, and enforced would violated the First Amendment of the United States Constitution. In response we have created a directory of members that voted in favor of the bill which contains information about them that they are attempting to stop people from posting on the internet.
House Bill 3047 would allow people to seek injunctive relief, economic damages, non-economic damages, punitive damages, and attorney's fees from anyone that discloses personal information about them without their consent. The bill defines "personal information" as "(A) The plaintiffs home address, personal email address, personal phone number or social security number; (B) Contact information for the plaintiff's employer; (C) Contact information for a family member of the plaintiff; (D) Photographs of the plaintiff's children; or (E) Identification of the school that the plaintiff's children attend." We have no objection to the part about social security numbers due to the ability of identity thieves to open accounts in other people's names with them. We also have no objection to the prohibition on information regarding third parties related to the primary target of the disclosure because we simply don't believe in posting information about people's relatives even thought that is free speech. The other types of information often play essential roles in the public criticism of others. Federal courts have struck down similar bills in recent years because people have a First Amendment right to disseminate that information, especially if they are doing it for the purpose of political protest or public criticism. We have written a series of posts about the chief sponsors of the bill which discuss the applicable case law making it clear that this bill violates the First Amendment. Most of our legal analysis can be found in the post about Bill Post (https://copblaster.com/blast/35515/representative-bill-post-championed-unconstitutional-bill). You can find more references in our posts about Janelle Bynum (https://copblaster.com/blast/35515/representative-bill-post-championed-unconstitutional-bill) and Brad Witt (https://copblaster.com/blast/35514/representative-brad-witt-thinks-he-can-violate-the-first-amendment).
HB 3047 does have a clause which limits its applicability solely to disclosures done "with the intent to stalk, harass or injure the plaintiff." We have no objection to the clauses against stalking or injuring people because they refer to the crimes of stalking (https://www.oregonlaws.org/ors/163.732) and assault (https://www.oregonlaws.org/ors/163.160). We take issue with the "harass" clause because it defines "harass" to include lawful conduct not covered by Oregon's harassment statute (https://www.oregonlaws.org/ors/166.065). HB 3047 defines "harass" as "subject[ing] another to severe emotional distress such that the individual experiences anxiety, fear, torment or apprehension" with a reasonable person standard requiring that "a reasonable person would be stalked, harassed or injured by the disclosure." Our objection is based on the fact that people have a First Amendment right to publish true facts about other people with the intent to cause them anxiety, fear, torment, and apprehension unless the anxiety, fear, torment, and apprehension is based on fear of bodily harm or a crime being committed against them. The bill sweeps so broadly that it allows anyone experiencing anxiety as a result of truthful information about themselves being posted online to censor authors simply because their criticisms include their home address, phone number, personal email address, or the contact information of their employer. All they must do is show by a preponderance of evidence (https://www.law.cornell.edu/wex/preponderance_of_the_evidence) that their anxiety is the intentional result of the author's writing. A preponderance of evidence only requires a plaintiff to convince a judge that there is greater than a 50% chance that the author intended to cause them anxiety. So, even if the plaintiff cannot prove for certain what was in the mind of the author they can still seek relief based on what they think the author probably intended. If this law survives constitutional challenges in the courts, which it will not, it would open the door for further legislation banning the posting of anything intended to cause anyone anxiety for any reason.
Here are two hypothetical examples of constitutionally protected speech that could form the basis for a successful claim under HB 3047:
1) A police officer is caught on camera beating an unarmed black man as he lay helpless on the ground in a prone position. In response, activists post his home address online for the purpose of persuading demonstrators to picket peacefully outside of his home. That officer files a lawsuit claiming severe emotional distress caused by the fear of future protests at his house.
2) A conservative journalist with a large following on social media decides to speak out against leftists that have been getting arrested at protests. He starts posting their mugshots on his social media accounts along with other types of information sent to him by his followers such as where they work and how to contact their employers. The activists file a lawsuit claiming to have suffered sever emotional distress due to anxiety, fear, and apprehension that they will soon be fired.
These examples show why HB 3047 has bi-partisan support. When the summer of 2020 began, the right was outraged because the left kept doxxing their police officers. When the summer ended, the left was outraged because the right kept doxxing their activists. Police officers said they were afraid to do their jobs. Activists claimed they were afraid to attend protests. Neither side cared about the First Amendment. The First Amendment protects the right to post an officer's address and encourage others to peaceful protest at his home, but it also protects the right to post mugshots of anyone arrested at that protest along with information about the arrestees such as where they work. HB 3047 cannot be used to put a stop to either activity without violating the First Amendment.
As we said earlier, we provided links to our legal arguments in other posts earlier. The best summary of those arguments can be found in a 2017 decision from the U.S. District Court for the Eastern District of California (https://www.govinfo.gov/content/pkg/USCOURTS-caed-1_16-cv-01152/pdf/USCOURTS-caed-1_16-cv-01152-2.pdf). That decision upheld the right to post home addresses of government officials on the internet, condition the removal of their addresses on their job performance, and threaten to do the same should others perform in a similar way. You will notice that the law at issue in that case and cases referenced were not nearly as broad as HB 3047.
We will not legitimize this bill with our cooperation. If sued under it we will immediately seek declaratory relief in federal court and utilize our offshore infrastructure to avoid censorship. American courts don't have the authority to regulate content on servers in foreign countries, so we can host what we wish over the objection of American courts despite living in the United States. Furthermore, we will conduct comprehensive background checks of anyone that attempts to censor us using the bill, any judge that issues a ruling in their favor, and any officer that assists them with the enforcement of such an order. The results of the background checks will be published in full without redaction. Furthermore, we will create a home address directory identical to this one for the Oregon State Senate should they vote in favor of HB 3047. On the other hand, if they do not vote in favor of HV 3047 we are willing to take this directory down because the Senate would be righting the wrong of the House.
All of the information contained in this directory was initially disclosed by the state of Oregon itself or local municipalities within their borders. Federal courts have repeatedly ruled that people have a legal right to copy information made public by the government and share that information with other people. Most of the information can be found on the Oregon Secretary of State website simply by typing in the name of the representative you are looking for (https://secure.sos.state.or.us/orestar/CFSearchPage.do?cfSearchButtonName=). Other information came from an online background check service that we subscribe to and their information comes from pubic records. The state of Oregon can claim that their legislators have the right to regulate the spread of this information simply by gathering in a room and saying "aye" but the truth is that the First Amendment of the U.S. Constitution prohibits them from enforcing such claims.
CHRISTINE RENEE DRAZAN
20676 S SOUTH END RD, OREGON CITY, OR 97045-9790
TERESA ALONSO LEON
3009 OXFORD ST, WOODBURN, OR 97071-4559
SHELLY RENEE BOSHART
35195 KNOX BUTTE RD E, ALBANY, OR 97322-9535
JANELLE SOJOURNER BYNUM
14011 SE ALTA VISTA DR, HAPPY VALLEY, OR 97086-8006
JAMI JOLENE CATE
37251 GORE DR, LEBANON, OR 97355-9608
MAXINE ELIZABETH DEXTER
1854 NW ASPEN AVE, PORTLAND, OR 97210-1211
JULIANNE ELIZABETH FAHEY
1831 TODD ST, EUGENE, OR 97405-5525
DACIA JILL GRAYBER
5722 SW GARDEN HOME RD, PORTLAND, OR 97219-3132
KENNETH DEAN HELM
3890 SW 96TH AVE, PORTLAND, OR 97225-2519
ZACHARY TRAVIS HUDSON
755 SE ****** CREEK LN TROUTDALE, OR 97060
RICHARD E LEWIS
808 APRIL LN, SILVERTON, OR 97381-2284
PAM J MARSH
112 ROSE AVE, MEDFORD, OR 97501-2557
MARK WILLIS MEEK
17082 STANHELMA DR, GLADSTONE, OR 97027-1229
LILY NICOLE MORGAN
781 NE 11TH ST, GRANTS PASS, OR 97526-1655
RONALD HAMOR NOBLE
6495 NE MINERAL SPRINGS RD, CARLTON, OR 97111-9641
MARK JOSEPH OWENS
42136 CRANE CEMETARY LN, BURNS, OR 97720-9520
WILLIAM RONALD POST
5135 LACEY ST N, SALEM, OR 97303-4004
RACHEL BETH PRUSAK
2688 MARK LN, WEST LINN, OR 97068-2414
MICHAEL JEFFREY REARDON
12045 SE FOSTER PL, PORTLAND, OR 97266-4968
Lisa Reynolds
2442 NW Westover Rd, 201
Portland, OR 97210
ANDREA ROSE SALINAS
42 AQUINAS ST, LAKE OSWEGO, OR 97035-1204
SHERI LEE SCHOUTEN
10285 SW GULL PL, BEAVERTON, OR 97007-6188
DAVID BROCK SMITH
2858 PORT ORFORD LOOP RD, PORT ORFORD, OR 97465-8584
DUANE ANTHONY STARK
588 NW SCENIC DR, GRANTS PASS, OR 97526-3454
KIMBERLY D WALLAN
200 S MODOC AVE, MEDFORD, OR 97504-7760
Marty L. Wilde
3390 Potter St
Eugene, OR 97405
BRADLEY KING WITT
21740 LINDBERG RD, CLATSKANIE, OR 97016-2543
JOSEPH JOHN ZIKA
135 NW 10TH ST, REDMOND, OR 97756-1739
BARBARA SMITH WARNER
2471 NE 51ST AVE, PORTLAND, OR 97213-2519
DANIEL GATELY BONHAM
1301 E 19TH ST, THE DALLES, OR 97058-3345
VIKKI KRISTINE IVERSON
1380 NE ROSEMONT ST, PRINEVILLE, OR 97754-1371
WLNSVEY ELIZABETH CAMPOS
6732 SW 180TH AVE, BEAVERTON, OR 97007-5291
BRIAN LEE CLEM
285 MILLER ST S, SALEM, OR 97302-4271
PAUL LYNN EVANS
744 MAIN ST E, MONMOUTH, OR 97361-1828
DAVID WILLIAM GOMBERG
7200 NE HIGHLAND RD, OTIS, OR 97368-9617
CEDRIC ROSS HAYDEN
38809 OLD PENGRA RD, FALL CREEK, OR 97438-9720
PAUL RICHARD HOLVEY
468 E 34TH AVE, EUGENE, OR 97405-3839
JASON SCOTT KROPF
1880 NW NEWPORT HILLS DR, BEND, OR 97703-1470
BARBARA LEE LEVY
31471 ANDREWS RD, ECHO, OR 97826-9056
JOHN D LIVELY
1186 W D ST, SPRINGFIELD, OR 97477-3519
SUSAN LBD DAVIS-MCLAIN
2510 MILLS LN, FOREST GROVE, OR 97116-1220
RAQUEL CONSUELO MOORE
1557 WEBSTER DR SE, SALEM, OR 97302-6406
NANCY LOUISE NATHANSON
2145 ASHBURY DR, EUGENE, OR 97408-4801
COURTNEY BROOK NERON
29160 SW BERGEN LN, WILSONVILLE, OR 97070-7692
ROBERT ANTHONY NOSSE
1712 SE 47TH AVE, PORTLAND, OR 97215-3206
KATHERINE KHANH PHAM
2635 SE 89TH AVE, PORTLAND, OR 97266-1403
KARIN ALICE POWER
11186 SE 31ST AVE, PORTLAND, OR 97222-6603
DANIEL ADAM RAYFIELD
463 NE CONIFER BLVD, CORVALLIS, OR 97330-4195
ERIC WERNER RESCHKE
404 MAIN ST STE 6, KLAMATH FALLS, OR 97601-6021
RICARDO RUIZ-MADRIGAL
1060 SE 190TH AVE, PORTLAND, OR 97233-5902
TAWNA DEE SANCHEZ
3435 NE LOMBARD CT, PORTLAND, OR 97211-7249
GREGORY VINCENT SMITH
190 ROCK ST, HEPPNER, OR 97836-7309
JANEEN ANNE SOLLMAN
306 NE 64TH CT, HILLSBORO, OR 97124-6918
ANDREA LEONOR VALDERRAMA
13632 SE MILL ST, PORTLAND, OR 97233-1761
SUZANNE R WEBER
314 MILLER AVE, TILLAMOOK, OR 97141-2521
ANNA KING WILLIAMS
2250 SHERMAN AVE, HOOD RIVER, OR 97031-1043
GERALD DUANE WRIGHT
210 THORTON OAR LN, REEDSPORT, OR 97467-9751
CHRISTINE KOTEK
7930 N WABASH AVE, PORTLAND, OR 97217-6038