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In a country built on free speech – ranking first in its constitutional amendments – you’d think we’d have a better understanding of it. Oftentimes, we don’t.
We can be thin-skinned, easily offended and contentious, with starkly different opinions stoking conflict rather than contributing toward the ideal purpose of free speech – public discourse that leads to solving problems. Instead of the good tension that comes from the distinctiveness of Americans and the exchange of their ideas, too often we get the bad.
Much of the time, it’s not even the message but how the speech is delivered. When this violates municipal code and breeds fear of incitement – a categorical limit of free speech – people look around and ask, are demonstrators’ actions legal? Because when a crowd is jumpy, people can get hurt.
Take the demonstration by evangelical Christians on the corner of 8th Avenue and Oak Street, just off the Wayne Morse Free Speech Plaza, no less, on May 17. The Saturday Market and adjacent Lane County Farmers Market – a common spot for nonviolent protests – were in full swing. On this day, attendees and vendors endured signs with graphic images of aborted fetuses, and a large cross labeled “GRACE” and “WRATH.”
This speech would be protected, of course. But the amplification of that speech – prohibited by the city of Eugene – wasn’t enforced by the Code Compliance department. This infuriated some market-goers. Sharing the message of needing to repent or be damned is a free speech guarantee. But the speakers and megaphones used to blast it likely violated Eugene’s 4.083 Noise Disturbance – Specific Prohibitions.
This includes “(a) Sound producing, amplifying or reproducing equipment.” And “(2) On public property or on a public right-of-way so as to be plainly audible fifty feet or more from such device, except as specifically authorized in writing by the city, county, state or federal government.” Sound that “annoys or disturbs a reasonable person of normal sensitivities” is one of the city’s definitions of disturbance.
This code is clear in some ways and vague in others. Amplified sound that disrupts a permitted event could be a violation of municipal code against interfering with an authorized activity within the Downtown Activity Zone, too. “Disrupts” is an indistinct criterion.
The lack of enforcement, though, of the speakers and megaphones contributed to a palpable strain. A strain that could have escalated, if market attendees had taken matters into their own hands, silencing the speakers.
The city needs a code enforcer on hand to act, telling demonstrators to unplug or crank down the volume. This is reasonable. It might have eased tensions for those out to enjoy the day, selecting salad greens or eating local baked goods or chatting with friends. Instead, many found themselves glancing over their shoulders, watching out for trouble.
On that Saturday, Christian demonstrators with members from at least five Oregon churches were around for the seventh annual Southern Oregon Evangelism Conference in Roseburg. Their message was heard at least a full block in each direction – way more than 50 feet.
According to Eugene’s Code Compliance web page, “Depending on the source of the noise disturbance, different city departments or other agencies will respond.” Separately, the Eugene Police Department said that officers intervene only if there is criminal behavior.
But we all have to follow guidelines and municipal code for the markets to be welcoming spaces.
That goes for demonstrators whose messages we support – an anti-DOGE rally, for example – but violate sound ordinances.
Last year, market staffers received training in de-escalation and conflict resolution to better respond in case of incidents. Good to know.
Still, the city needs to enforce its noise disturbance code at the time it’s being violated. It would build confidence that we’re, generally, safer. Together. That our local government will do all it can to make sure of that.