When the Oregon State Senate Committee on Judiciary voted in favor of HB 3047 back in May we posted lawfully obtained publicly available information about the members of the committee that voted yes. When we did that we vowed to do the same to any senator that voted in favor of the bill when it came to a full vote on the floor. That bill passed by a vote of 25-4 with 1 abstaining on June 7th, but we didn't get around to doing the tedious research until today. We thought about doing it before the governor signed the bill into law, but we thought waiting until after would make a better point.
HB 3047 also known as the "anti-doxxing" bill is an unconstitutional attempt to silence the lawful dissemination of true facts lawfully obtained by making it unlawful to do so if you intend to cause the subject of your speech emotional distress. When the bill passed the Oregon House or Representatives we quickly created a directory of home addresses to make a point (https://copblaster.com/blast/35518/oregon-house-of-representatives-directory-of-home-addresses). The point was that every similar bill that's ever been evaluated by a federal court in recent years has been struck down as unconstitutional. All of those bills were less broad than HB 3047 yet federal courts found them to be unconstitutionally overbroad because they proscribed a combination of constitutionally protected and unprotected speech. When a law is so broad that any of its applications infringe on the First Amendment then the entire law is unconstitutional. The examples we found involved prohibitions on the dissemination of home addresses, personal phone numbers, and social security numbers of government employees. Every federal court that reviewed those cases found that the dissemination of lawfully obtained personal information about private individuals is protected by the First Amendment when it relates to an issue of public concern. Those same courts found that personal information about government officials relates to an issue of public concern when viewed in the context of political speech. Furthermore, attempts to stop the dissemination of personal information pertaining to police officers has been held to relate directly to police accountability and police accountability is an issue of public concern (https://www.govinfo.gov/content/pkg/USCOURTS-caed-1_16-cv-01152/pdf/USCOURTS-caed-1_16-cv-01152-2.pdf). Likewise the personal information of other government officials relates to the issue of government accountability which is an issue of public concern.
HB 3047 makes no distinction between information lawfully obtained from public records or otherwise lawfully obtained and truly private information; it fails to distinguish between issues of public concern and private matters; and it fails to recognize the difference between public officials and private citizens. The only criteria necessary for speech to be actionable under HB 3047 is that the information disclosed fits its definition of personal information and that the disclosure was made with the intent to cause emotional distress. Emotional distress is included under the bill's "harass" prong and the requirement can be met simply by causing prolonged anxiety. Victimhood culture being what it is these days, the courts will likely be flooded with lawsuits as a result of this bill by people claiming anxiety as a result of someone posting their home address, personal phone number, personal email address, or the contact information of their employer online. Their claims will probably include things like allegedly suffering severe anxiety due to fear of losing their jobs as a result of negative articles posted about them with the contact information of their employer.
Several legislators made statements in support of the bill indicating that they supported it because of their desire to suppress free speech. Senator James Manning Jr. described a desire to stop protest organizers from posting home addresses of government officials for the purpose of encouraging people to picket on public property near their homes (https://copblaster.com/blast/35550/oregon-state-senator-james-manning-jr-has-an-unconstitutional-example). Rep. Bill Post supported the bill because a New York Times reporter posted his home address online after he did the same to several clergy members for supporting gun control (https://copblaster.com/blast/35515/representative-bill-post-championed-unconstitutional-bill). Rep. Brad Witt responded to our posting of his address by making it clear that such speech is a target of his bill (https://copblaster.com/blast/35514/representative-brad-witt-thinks-he-can-violate-the-first-amendment). Rep Janelle Bynum was the chief sponsor of the bill, she implied that her primary target was the posting of mugshots and employer contact information belonging to Antifa and Black Lives Matter protesters during the George Floyd protests last year (https://copblaster.com/blast/35516/oregon-representative-janelle-bynums-attack-on-free-speech).
Testimony submitted by members of the public in support of the bill came from two camps (https://olis.oregonlegislature.gov/liz/2021R1/Measures/Testimony/HB3047). Camp one was government officials such as police officers, politicians, and others targeted by protesters last year. They began the summer outraged by doxxing, but their complaints alone would not have been enough to get this bill introduced. Camp two were leftists targeted by conservatives online last year. They ended the summer terrified of getting arrested at a BLM protest because even though Multnomah County District Attorney Mike Schmidt agreed not to prosecute them, they would likely find their mugshots posted online with personal information often including links to social media profiles and where they worked. As a result many protesters lost their jobs and many more stayed home out of fear. That is what Janelle Bynum was referring to in her testimony when she said, "Doxxing became a tool of oppression that forced people into shells of their former selves and even forced families to take monumental steps to protect themselves." (https://olis.oregonlegislature.gov/liz/2021R1/Downloads/PublicTestimonyDocument/10012) When leftists were doxxed they often expressed fear that some alt-right boogeyman might appear at their homes with the worst of intentions and that such fear was the intended result of the doxxing. That seems like a mighty convenient way to claim emotional distress without any proof.
While we fully support the efforts of BLM and Antifa to abolish or at least drastically reform the police, we also understand that people like Andy Ngo have a First Amendment right to criticize them. With that comes the right to post mugshots and true facts such as where they work. They also have every right to criticize companies for the conduct of their employees. Such tactics have been used by consumers for many years. If a clerk is rude to you at Walmart you have every right to post their name, picture, what Walmart they work at, and encourage people to complain to his/her boss. HB 3047 aims to strip people of those rights.
Now without further ado, the directory of home addresses, personal email addresses, and personal phone numbers of Oregon State Senators. All of this information was lawfully obtained from public records. Many of those records are also available on the Oregon Secretary of State's website (https://secure.sos.state.or.us/orestar/CFSearchPage.do?cfSearchButtonName=).
Richard Anderson
1205 NW Harbor Ave. #7
Lincoln City, OR 97367
Sen.DickAnderson[at]oregonlegislature.gov
info[at]andersonforthecoast.com
(541) 996-8482
Michael E. Dembrow
3224 NE 25th Ave
Portland, Oregon
(503) 914-9723
Lewis Reed Frederick
2208 NE 8th
Portland, OR 97212
(503) 975-7009
ernestwigglebottom[at]gmail.com 09
Fred Frank Girod
26232 Sitkum Road
Lyons, OR 97358
(503) 769-4321
(503) 881-3471
votegirod[at]aol.com
Betsy Katharine Johnson
57555 Bay View Ridge
Warren, OR 97053
(503) 397-3730
Tim Knopp
2955 NE Quiet Canyon
Bend, OR 97701
22380 RICKARD RD
BEND, OR 97702-9285
timk[at]coba.org
(541) 389-1058
Deborah Lynn Patterson
3222 Sunridge Dr S
Salem, OR 97302
deborahpatterson[at]mail.com
debpattersonhome[at]gmail.com
(503)689-4450
Charles David Riley
250 NE Hillwood Drive
Hillsboro, OR 97124
(503)936-5791
(503) 747-3327
chuck[at]chuckriley.org
Elizabeth Steiner Hayward
423 NW Skyline Blvd
Portland, OR 97229 - 6809
1410 NW KEARNEY ST APT 1119
PORTLAND, OR 97209-2774
elizabeth[at]elizabethfororegon.com
(503)201-5967
Lona Kim Thatcher
1724 Chemawa Road NE
Keizer, OR 97303
(503)932-1291
kim[at]kimthatcher.com
lkthatcher[at]comcast.net
Robert A. Wagner
13322 Leslie Court
Lake Oswego, OR 97034
(503)705-4158
Leslee Louis Beyer
951 S Street
Springfield, OR 97477
(541)914-9104
(541)746-5889
lee.beyer[at]gmail.com
leelbeyer[at]comcast.net
Virginia M. Burdick
6227 S.W. 18th Dr.
Portland, OR 97239
(503)244-1444
ginny.burdick[at]comcast.net
virginiaburdick[at]earthlink.net
Lynn Price Findley
1616 Graham Blvd
Vale, OR 97918
(541)212-9526
(541) 473-2681
lfindley[at]q.com
lynnfindley[at]webtv.net
Sara Anne Gelser
2417 NW MOLLY CT
Corvallis, Oregon
(541)760-2115
sara[at]gelserforsenate.com
Jeffrey Simon Golden
925 Oak St
Ashland, OR 97520
(541)821-8401
jeff[at]goldenforsenate.com
jeffgolden100[at]gmail.com
William S Hansell
340 S. 3rd St.
Athena, OR 97813
(541)566-2649
hansell4senate[at]gmail.com
Kayse Mohamed Jama
12536 NE Couch St
Portland, OR 97230
(503)908-4302
(503) 287-4117
kaysesolutions[at]gmail.com
William N. Kennemer
21041 S Hwy 99 E
Oregon City, OR 97045
(503)936-5106
(503)263-8628
(503)986-1439
kennemer4rep[at]aol.com
Katherine Bachman Lieber
5560 SW Hewett Blvd.
Portland, OR 97221
(503)701-7008
(503) 528-1111
503-528-8237
campaign[at]katefororegon.com
kate.lieber[at]gmail.com
kblieber[at]gmail.com
James Ivory Manning Jr
1170 Throne Dr
Eugene, OR 97402
(541)221-7277
(541)653-8604
541-729-0284
senjamesmanning[at]gmail.com
Floyd F. Prozanski Jr.
2231 McMillan Street
Eugene, Oregon
(541)342-2447
(541) 342-7390
Arthur B Robinson
2251 Dick George Rd
Cave Junction, OR 97523
(541)499-7821
(541) 592-4142
art[at]rfcre.com
Kathleen Sweeney Taylor
3231 SE Bybee Blvd.
Portland, OR 97202
503-233-7615
kathleentaylorfororegon[at]gmail.com
Peter Coleman Courtney
2925 Island View Dr NE
Salem, OR 97303
(503)585-7449
PeterCourtneyforSenate[at]gmail.com