EDITORIAL
Expression of ideas
protected by court
Whut do flags and crosses have in common? Ac
cording? to the U.S. Supreme Court, setting them on fire
constitutes free-speech under the First Amendment.
On Monday, the Supreme Court overturned a St.
Paul. Minn, law that banned hate-speech and specifi
cally prohibited cross-burning and the display of swas
tikas. The ruling is the strongest ban on content-based
speech regulation yet und may result in the abolish
ment of many such codes nationally, including here at
the University.
The ruling does not legitimize hate-crimes howev
er. Such crimes remain punishable under existing
criminal statutes that deal with assault, arson, criminal
damage and the like. Civil liability also remains un
touched.
What this ruling does is guarantee people’s right to
think what they want and express those feelings or
ideas, so long as that expression does not result in
harm or violence toward another person.
Effects of the ruling will probably be felt locally as
well. In fact, it may partially nullify the effects of
Springfield's Measure 20-08. Under 20-08 for example.
Springfield could refuse to grant a permit for a Gay
Pride march because it would promote the idea of ho
mosexuality in a positive light. The Court’s decision
might prohibit that type of content-based regulation.
The ruling should also put to rest the claims of
some student activists that the government is prosecut
ing students involved in the Federal Building incident
because of the ideas they were expressing. Such a pros
ecution would clearly be illegal. However, the act of
smashing windows can still be prosecuted as vandal
ism and destruction of public property.
The University’s hate-speech code may also Ik: in
jeopardy for being over-broad and may need to be re
viser! or abandoned.
Underlying the entire issue of hate-related codes
and regulations is the question of their usefulness in
combating prejudice. While attempting to create an at
mosphere that is hospitable to all students, the codes
do little more than cover up the symptoms of preju
dice.
Prejudice does not need a bandage; it needs a cure,
and such a cure can come only from education and
subsequent enlightenment. However, if prejudice is not
allowed to surface, it cannot be discovered and dealt
with. Suppressing it only allows it to grow unchecked,
eventually to explode in violence.
Thus, the University must find a way to create a
positive educational environment where prejudice is
met head-on while maintaining the individual’s right
to free-speech. A difficult task indeed.
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COMMENTARY
Know your legal rights with FBI
By Ilona E Koies/ar
Rumors a re rift) on campus
that the federal govern
men! has targeted the
University as a place to prove
that law and order will prevail
in the wake of the protests fol
lowing the Rodney King ver
dicts Whilo we cannot com
ment on these rumors, wo do
know that u local federal prose
cutor has publicly stated thul
she will seek indictments that
could lend to lengthy sentences
for the protesters, presumed to
he University students, who
damaged property at the Feder
al Building on April :10. 1M02
The investigation is ongoing
An unknown number of indict
ments are expected toon If you
participated in the protest,
know others who did or have
been approached by any au
thority. you may want to know
your basic rights under the
Constitution The following
briefly summari/ns soino of the
most important of these rights
and what you can do if you are
contacted by law enforcement
officials.
First, you art) not required to
answer questions about your
self or your friends if contacted
by fedorul investigators, local
police, campus police or any
other authority. This right to re
main silent is guaranteed to
you by the Fifth Amendment to
the U S. Constitution, fclvun if u
law enforcement officer has a
warrant, you do not have to an
swer his or her questions ex
cept to give your name and ad
dress. Do not answer questions
or talk to investigating authori
ties. even if you are threatened
or promised leniency or some
othor protection, without a
qualified attorney by your sido.
Next, know who you are talk
ing to. Avoid discussing or re
hashing the federal courthouse
tncidont, even among people
you know were thorn. Conver
sations may bo ovorhoard. Peo
ple who have no firsthand
knowledge of your presence or
actions may learn of your in
volvement by your own admis
sions. A person need not Ire on
the federal payroll to act as an
informant. The government's
inability to identify protest par
ticipants will reduce the num
ber of criminal charges filed.
Do not give the government in
formation it does not already
have.
You are not required to let
any police agent into your
house or apartment without an
arrest or search warrant This is
your right under the Fourth
Amendment to the Constitu
tion. if you are approached by
an officer with any kind of war
rant, cooperate with the offi
cer’s physical direction, but an
swer no question und ask Im
mediately to call a lawyer It is
important that you invoke your
right to remain silent at the ear
liest possible time to avoid any
suggestion that you have
waived that right
If you are chargod with a
crime, call a lawyer right away.
If you do not have access to a
lawyer, rail the F'odoral Defend
er’s Office in Eugene at
465-<»«37 to request that a law
yer be appointed to represent
you. The Sixth Amendment to
the Constitution guarantees this
right to counsel. A frne lawyer
is available to you through the
Federal Defender's Office if you
cannot afford to hire one your
self. You will have to fill out a
financial affidavit (sworn state
ment) to apply. Your lawyor
will help you to determine any
legal dofonse or work to resolve
the charge by negotiating a set
tlement. It Is common in the
federal system to negotiate a
settlement before formal
charges are filed, but you
should not approach authori
ties to attempt early resolution
without a lawyer even if you
an) certain your identity is al
ready known to the govern
ment.
You may bo very upset by the
charges and feel inclined to ad
mit your involvement to the au
thorities in hopes of favorable
treatment. This rarely works to
your benefit, and while a con
fession may assuage your con
science, it also may ultimately
result in a harsher penalty than
if you were represented by
competent counsel.
If you are subpoenaed to tes
tify as a witness before any
grand jury or in the trial of an
other. call a lawyer right away
Again, if you do not havo ac
cess to a lawyer, call the Feder
al Defender's Office at
405-6937 to apply for an ap
pointed attorney. A free lawyer
is available to you, even as a
witness, through the Federal
Defender's OfTico. The applica
tion process is the same as if
you were charged with a crime.
Your lawyer will holp you to
challenge the subpoena, pre
pare your testimony and ex
plain procedures and potential
consequences, or determine
whether you are entitled to In
voke your Fifth Amendment
right to refrain from incriminat
ing yourself and explain how to
invoke that right. Arguably,
anyone involved in the protest
has a legitimate Fifth Amend
ment claim.
Registered students may also
call ASUO Legal Services at
346-4273 for an immediate ap
pointment to receive advice
and information.
Ilona E. Knleszar Is an attor
ney for the Legal Sen-Ices Divi
sion of the ASUO.
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