Huffman & Wright Logging Co. vs. Wade

Paper Summary:

This paper explains that the Oregon Supreme Court lately endorsed a disciplinary damage verdict for trespass stemming from an ecological remonstration. The author points out that, even though the law, at present, authorizes disciplinary indemnity for trespass, this memorandum makes a case that an instruction, which permits the adjudicators to reflect on reasons and viewpoints in measuring disciplinary damages for civil disobedience, breaches both the United States and Oregon Constitutions. The paper concludes that a jury instruction, which permits defendants' motivations to be a factor in measuring disciplinary damages for civil disobedience, is impermissible under both constitutional necessities; furthermore, the First Amendment is suppose to be interpreted to offer respite for civil disobedience and disciplinary damages and ought not to be allowed in this area.

Table of Contents
Introduction
Summary of the Case
Questions Presented
Short Answer
Discussion

From the Paper:

"The defendants did not dispute the criminal guilty verdict, and they accepted legal responsibility for compensatory damages in the civil suit. On the other hand, they made a case that awarding disciplinary damages would infringe their right to free expression as assured by the Oregon Constitution, as well as, the First and Fourteenth Amendments of the United States Constitution. Defendants made a case that all of their behaviors were expressive, and citing Wheeler v. Green, claimed that the Oregon Constitution restricts recovery for torts reasoned by "misuse of speech" to compensatory damages, as well as, prevent any verdict of disciplinary damages. For the reason that the defendants considered all of their behavior as expressive and consequently protected from disciplinary damages, they did not demand a jury instruction to bound the evaluation of disciplinary damages to the non-expressive feature of the conduct. The jury instruction actually given was founded on Oregon Uniform Civil Jury Instruction (UCJI) 35.01. The court ordered the adjudicators that they could verdict disciplinary damages if defendants' behavior was motiveless and reasoned damage to petitioner, consecutively not only to penalize defendants but also to discourage parallel behavior by them and others in the future."

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