ANDREW CUTLER
Publisher/Editor
KATHRYN B. BROWN
Owner
ERICK PETERSON
Hermiston Editor/Senior Reporter
SATURDAy, MARCH 12, 2022
A4
Founded October 16, 1875
OUR VIEW
Judge right
to block real
estate ‘love
letter’ law
S
o-called real estate “love letters” aren’t
exactly a major free speech issue.
But it’s not surprising that Oregon’s
unique new law partially banning these
messages quickly ran into trouble on First
Amendment grounds.
U.S. District Judge Marco A. Hernández
last week issued a preliminary injunction
blocking the law, which the Oregon Legis-
lature passed in 2021 and Gov. Kate Brown
signed. It took effect Jan. 1, 2022.
Hernández made his ruling in a lawsuit
filed in November 2021 by the Pacific Legal
Foundation on behalf of the Total Real Estate
Group of Bend.
Oregon State Rep. Mark Meek, a Demo-
crat from Clackamas County and a real
estate agent, promoted the law. It deals with
letters that hopeful buyers sometimes send to
a seller, using real estate agents as interme-
diaries, as a way to try to entice the seller to
choose the letter writer’s offer.
The law doesn’t prohibit prospective
buyers from writing such letters, or from
sending them directly to a homeowner. The
law prohibits real estate agents who represent
a seller from passing on such letters to the
seller.
Meek and other supporters said they
were concerned such letters could include
personal details about the prospective buyer,
such as race, gender or sexual orientation,
that might influence the seller’s decision
about which offer to accept.
Proponents of the law contend this situa-
tion would violate the federal Fair Housing
Act, which prohibits discrimination in hous-
ing based on factors such as race and sexual
orientation.
This is a legitimate concern, to be sure.
But the notion that such letters would
truly lead to discrimination is difficult, if
not impossible, to prove. In any case, the
mere potential for a letter to contribute to
discrimination is not sufficient to meet the
appropriately high threshold that the First
Amendment sets to ensure Americans
have the right to freely express themselves,
regardless of the topic or the forum.
Daniel Ortner, an attorney for the Pacific
Legal Foundation, made that point in a state-
ment about the preliminary injunction.
“Love letters communicate information
that helps sellers select the best offer,” Ortner
said. “The state cannot ban important speech
because someone might misuse it.”
Hernández acknowledged in his decision
that the purpose of the new law is worth-
while. The judge cited Oregon’s “long and
abhorrent history of racial discrimination in
property ownership and housing” that in the
past explicitly blocked people of color from
owning property.
But the judge also rightly concluded
the law is too broad, prohibiting this type
of letter in general rather than outlaw-
ing specific subjects. Oregon lawmakers,
Hernández wrote, “could have addressed the
problem of housing discrimination with-
out infringing on protected speech to such a
degree.”
That’s an interesting point. However, it’s
hard to imagine that any such restriction on
this type of letter, even one with a narrower
focus than the current law, would pass
constitutional muster.
The preliminary injunction will remain in
effect until Hernández makes a final decision
on the lawsuit.
Oregon officials, including Attorney
General Ellen Rosenblum and Real Estate
Commissioner Steve Strode, both named as
defendants in the lawsuit, should concede
the new law, however well-intentioned, is too
general in its restrictions on free speech to
stand.
There’s no reason to spend public money
defending against a lawsuit that stands on a
legal foundation as formidable as the First
Amendment.
YOUR VIEWS
Americans should defend
freedom in Ukraine
Before the USA entered World War I,
an American contingent of pilots com-
posed a group known as the Lafayette
Escadrille under French command. These
pilots became distinguished during that
war. They felt it was necessary to defend
freedom.
Before the USA entered World War II,
there was the American volunteer group
in China fighting the Japanese as pilots
under Claire Chenault.
What has happened to the idea of
Americans volunteering to support
freedom from foreign invasion?
I propose calling on American veter-
ans willing to support to help Ukraine.
I am 78 and in poor shape to volunteer
for such a venture. I am willing to die
for Ukrainian people. I could be used as
cannon fodder. We could use as our war
flag the Gadsden flag (coiled rattlesnake
with words “Don’t Tread On Me”),
known as the Rattlesnake Contingent.
Anyone interested please contact me.
Rudy Candler
Union
Runaway spending
in Legislature
gouges taxpayers
Every adult Oregonian should do the
math as it relates to the Oregon Legis-
lature’s runaway spending of Oregon
taxpayer money estimated at $1.4 billion.
Then they should voice their yea or
nay on this pork barrel giveaway to their
local tax-and-spend senator and/or repre-
sentative. I’m sure the majority-voiced
vote will loudly and resoundingly, cry
“nay.”
Why? Consider this.
The U.S. Census Bureau estimated
the July 1, 2021, Oregon population to
be 4.2-plus million. Divide $1.4 billion
by 4.2 million and you get an astound-
ing (potential refund of) $333-plus per
person. For a family of four, it’s a whop-
ping $1,332. A family of eight, $2,664.
I’m sure the wide majority of
pandemic-stricken Oregonians behind
on their rent, unable to pay their utility
bills, helpless to put food on the table
and/or can’t afford to buy gas to get to
and from work would appreciate that
refunded money in their pocket rather
than have it thrown at questionable proj-
ects, probably already eligible for federal
funding, located way out in the most
rural of Oregon’s areas.
To boot, chances are highly likely
most residents will never see the bene-
fits of their own ill-gouged, legislatively
appropriated money. Just because you
have it doesn’t mean you have to spend it.
To correct the issue, adjust the tax rates
biannually.
Fred Couzens
Bend
CONTACT YOUR REPRESENTATIVES
U.S. PRESIDENT
Joe Biden
The White House
1600 Pennsylvania Ave. NW
Washington, DC 20500
Comments: 202-456-1111
GOVERNOR
Kate Brown
160 State Capitol
900 Court St.
Salem, OR 97301-4047
503-378-4582
U.S. SENATORS
Ron Wyden
221 Dirksen Senate Office Bldg.
Washington, DC 20510
202-224-5244
La Grande office: 541-962-7691
Jeff Merkley
313 Hart Senate Office Building
Washington, DC 20510
202-224-3753
Pendleton office: 541-278-1129
U.S. REPRESENTATIVE
Cliff Bentz
2185 Rayburn House Office Building
Washington, DC 20515
202-225-6730
Medford office: 541-776-4646
REPRESENTATIVES
Bobby Levy, District 58
900 Court St. NE, H-376
Salem, OR 97301
503-986-1458
Rep.BobbyLevy@state.or.us
Greg Smith, District 57
900 Court St. NE, H-482
Salem, OR 97301
503-986-1457
Rep.GregSmith@state.or.us
SENATOR
Bill Hansell, District 29
900 Court St. NE, S-415
Salem, OR 97301
503-986-1729
Sen.BillHansell@state.or.us
EDITORIALS
Unsigned editorials are the opinion of the East Oregonian editorial
board. Other columns, letters and cartoons on this page express
the opinions of the authors and not necessarily that of the East
Oregonian.
letters that address concerns about individual services and products
or letters that infringe on the rights of private citizens. Letters must be
signed by the author and include the city of residence and a daytime
phone number. The phone number will not be published. Unsigned
letters will not be published.
LETTERS
The East Oregonian welcomes original letters of 400 words or less
on public issues and public policies for publication in the newspaper
and on our website. The newspaper reserves the right to withhold
SEND LETTERS TO:
editor@eastoregonian.com,
or via mail to Andrew Cutler,
211 S.E. Byers Ave., Pendleton, OR 97801