In Oregon, stalking laws serve a critical purpose: to protect individuals from repeated, unwanted contact that causes fear or emotional distress. But what happens when those same laws brush up against the First Amendment? This is the delicate intersection of public safety and constitutional rights—a space where nuance, context, and experienced legal guidance matter deeply.
At Ward Grover & Thomas, we understand how these cases aren’t always black and white. What might feel like protected speech to one person could be perceived as threatening to another, especially in our increasingly digital world. If you're facing stalking allegations and believe your words or actions have been misinterpreted, you're not alone—and you do have a right to defend yourself.
What Constitutes Stalking in Oregon?
Under Oregon law, stalking typically involves repeated and unwanted contact that alarms or coerces another person. This can include following someone, sending unwanted messages, or showing up uninvited. If the conduct causes the person to fear for their safety or the safety of their immediate family, it may be grounds for a stalking charge.
However, “contact” isn’t always physical. In many cases, text messages, emails, or even social media comments are used as evidence. This is where the line between criminal behavior and free speech can become blurred.
Free Speech vs. Harassment: Where's the Line?
The First Amendment protects a wide range of speech—including opinions that may be offensive or unpopular. But it does not protect speech that qualifies as a "true threat" or is intended to harass or intimidate.
In stalking cases, the legal system must determine whether the accused’s behavior crosses that line. Were the messages threatening? Were they persistent despite clear requests to stop? Was there intent to cause fear or distress?
For example, posting a public opinion on social media is generally protected speech. However, repeatedly tagging or messaging someone who has asked you not to, or showing up at their home or workplace, can constitute stalking—even if no explicit threat was made.
Defending Your Rights in a Stalking Case
If you’re being accused of stalking, it’s crucial not to panic. These charges are serious, but so is your right to be heard—and protected from false or exaggerated claims.
At Ward Grover & Thomas, we take the time to understand the context of your case. Were you expressing frustration? Attempting to communicate? Were your actions misinterpreted or taken out of context?
Our experienced criminal defense attorneys in Bend have over 50 years of combined experience helping individuals navigate the legal system in Deschutes County. Whether you're being accused unfairly or the situation has escalated beyond what you intended, we’re here to help you protect your rights and your future.
Don’t Wait. Get Experienced Legal Help Today.
Stalking charges that hinge on speech can quickly spiral into life-changing consequences. If you’re facing accusations that you believe infringe on your freedom of expression, call (541) 312-5150 today. Let Ward Grover & Thomas help you navigate this complex legal territory with clarity and confidence.