J385: Communication Law Home Page


Huffman and Wright Logging Co. v. Wade, 317 Ore. 445; 857 P.2d 101; 1993 Ore. LEXIS 132 (Or. 1993).

Earth First! demonstrators on a United States Forest Service logging road in the North Kalmiopsis area of the Siskiyou National Forest who chained themselves to logging equipment, hung a large banner from privately owned logging equipment, made statements, sang songs, and chanted slogans relating to their beliefs about the need for greater environmental protection were arrested and convicted of criminal mischief in the third degree. The Defendants claimed under
Art. I, Sec. 8 of the Oregon Constitution that no punitive damages could be awarded because they were engaged in "expressive conduct."

The Court rejected the claim:

  • Although those acts undoubtedly had a communicative effect, in the sense that most purposive human activity communicates something about the frame of mind of the actor, the acts were conduct, not speech.

  • [A] person's reason for engaging in punishable conduct does not transform conduct into expression under Article I, section 8...

  • [S]peech accompanying punishable conduct does not transform conduct into expression under Article I, section 8.
[Top of page]

School of Journalism and Communication