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WOOD Radio Local News

WOOD Radio Local News

 

Kent Co Prosecutor says he won't file charges on anti-Semitic literature

GRAND RAPIDS, Mich. -- Kent County Prosecuting Attorney Chris Becker says he won't be able to file charges related to anti-Semitic literature that was tossed onto the yards of some homes in Gaines Charter Township recently.

The flyers thrown out of the window of a minivan in a subdivisioncontained hate speech directed at Jews. Although Michigan law prohibits dumping garbage on a person's property, Becker says his office cannot prove that the flyers technically fit the definition of garbage or filth in order to support a prosecution. Also, he said the flyers did not make any threats of harm or damage.

Our partners at WOOD-TV report the person tossing the flyers was a 43-year-old from Genesee County.

The Kent County Sheriff's Office had sought charges of ethnic intimidation and littering on private property.

This is a portion of the statement from Becker that the Prosecutor's Office sent to the media:

Considering the common usage of the language in the littering statute/ we cannot prove that the flyers fit the definition of filth, garbage/ or refuse to support prosecution of the offense. Clearly/ these flyers are attempting to convey a message. Unlike an individual who drops a used candy bar wrapper on the property of another person, a person who distributes a ftyer containing a message has not discarded "garbage" as the term is generally understood—even if the message contained therein is offensive or derogatory, as it was here. Offensive speech without a true threat of unlawful action is protected under the First Amendment. As another example, every election season, political parties leave all kinds of written materials on doors in neighborhoods; even if one disagrees with the message in those materials or finds it offensive/ the party's speech is constitutionally protected. While the method and message conveyed in this instance is very different than what occurs in an election year, the conduct remains in the realm of protected speech. Decisions to fi!e criminal charges are often very fact specific. There may be a scenario where similar behavior leads to criminal charges, I would not take from this decision that this behavior is always protected or approved of in any way. The flyers are reprehensible. However, I must follow the law/ and when examining these facts under the controlling legal principles,! am unable to find any appropriate crimina! charges for the individual's conduct.

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