In the bustling northern city of Boise in Idaho, a decision has been made not to file hate crime charges against a teenager, sending shockwaves through the local community. An 18-year-old stands accused of directing racial slurs towards members of the Utah women’s basketball team, who were participating in the NCAA tournament. This announcement was declared by the deputy attorney for the city of Coeur d’Alene on Monday, in a charging decision document.
Although the accused’s alleged use of the racial slur has been called “detestable” and “incredibly offensive,” the document stated there was no evidence to suggest that the young man was threatening physical harm, either to the women or their property. Citing the First Amendment, the prosecutor, Ryan Hunter, explained that the man’s conduct cannot be charged under Idaho’s malicious harassment law.
The charged atmosphere began in March when the University of Utah basketball team stayed at a Coeur d’Alene hotel while they competed in nearby Spokane, Washington. A walk to a restaurant transformed into an unsettling encounter as a truck pulled up and the driver allegedly yelled racial slurs at the group. The young women then reported the driver came back with reinforcements after they had finished their meal, who added to the tension by revving their engines and repeating the slanderous comments.
The Utah team’s coach, Lynne Roberts, underscored the disturbing nature of these encounters a few days later, highlighting the sense of insecurity it bred among her team. Far-right extremists have continually been allowed a presence in the region for several years, and the Southern Poverty Law Center identified at least nine hate groups operating in the Spokane and northern Idaho region in 2018.
Roberts expressed utter shock and upset over the incidents, stating their effect on the diverse college atmosphere she’s accustomed to. The University of Utah officials, however, declined to comment on the prosecutor’s decision last Wednesday.
Law enforcement interviewed nearly two dozen witnesses, and dedicated countless hours to review surveillance footage. Inconsistencies were apparent as the narratives varied regarding the vehicle and the perpetrator. To add to the murky picture, security camera footage failed to reliably capture audible snippets of the slurs that were allegedly yelled.
Nonetheless, police were able to single out the occupants of a silver passenger vehicle observed during the second encounter. One occupant — an 18-year-old high school student — reportedly confessed to the deed. But due to Idaho’s hate crime laws, the young man will not be officially charged. The regulations state that racial harassment is only a crime if done with the intent to harm a person physically or cause damage to property.
Prosecutor Hunter shared his condemnation of the racially charged incident and declared his disdain over the young man’s claim that he thought using such language would be funny. This rationalization, however offensive, undermined any proof that his intent had been to harass or intimidate.
The traffic-heavy location and early evening time of the incident also quashed any legal justification to charge under Idaho’s disorderly conduct and disturbing the peace laws, which primarily depend on the noise level and timing of an incident.
Aaron Terr, the public advocacy director of the Foundation for Individual Rights and Expression, pillars of free speech, reminded that under the First Amendment, even loathsome or offensive speech is protected. The few exceptions to this freedom, he explained, are only applicable when there’s a serious threat to cause physical harm or to incite immediate unlawful action.
Despite this, the incident has left its mark on the community, the basketball team, and the legal discussions it spurred, forever reminding us of the constant struggle against harmful stereotypes, racism, and the quest for true freedom of speech.
