Vermont Attorney General T.J. Donovan will not prosecute the racially motivated harassment that led to the resignation of the state’s only black female legislator, saying while the speech was “offensive” it was also protected by the First Amendment.
“I find the statements presented to us in this matter … while racist, insulting and degrading, are not subject to prosecution,” he said, according to NBC5. “[The] Constitution does not permit us to prosecute racist speech because we find it offensive.”
Rep. Kiah Morris resigned in September after receiving a series of racially motivated harassment and threats, including messages telling Morris to leave the state, using racial slurs and saying: “Whites will be ready for war.”
The messages, according to CNN, were sent by a self-professed white supremacist.
Donovan on Monday said Morris was clearly a victim of harassment, but that the threats did not demonstrate “a serious expression of an attempt to harm,” according to the report by CNN.
Quoting Donovan, CNN reported that the state attorney general said that expressing political opposition was allowed even when it was insulting and hyperbolic.
“In short, speech is protected even when it’s offensive, hurtful and demeaning,” Donovan said, according to CNN.
Donovan announced a new statewide system for reporting hate speech and other “bias incidents,” and said that law enforcement officers would receive bias training, according to NBC5.