Oregon Supreme Court lately endorsed a disciplinary damage verdict for trespass stemming from an ecological remonstration. Even though the law at present authorizes disciplinary indemnity for trespass, this Memorandum makes a case that an instruction that permits the adjudicators to reflect on reasons and viewpoints in measuring disciplinary damages for civil disobedience breaches both the United States, as well as, Oregon Constitutions. This memorandum further makes a case that, as an issue of guiding principle, courts ought not to permit disciplinary damages in cases of civil disobedience (1).

The freedoms assured by the First Amendment of the United States Constitution are very important to our social order and of supreme significance. Courts often defend freedom of expression over other goods, as well as, the right to disagree and object is central in the First Amendment's assurances.

On the other hand, the right to remonstration is not unconditional. When "mixed behavior"...
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