Washington Governor Inslee Set to Criminalize Free Speech in Washington State

Governor Jay Inslee (D-WA) is anticipated to approve Substitute Senate Bill 5427, a contentious measure designed to address hate crimes and bias incidents in Washington state.

The bill has ignited a vigorous discussion regarding the ramifications of restricting free speech.

This legislation, approved by the Washington state legislature, aims to establish a “bias incident hotline” overseen by the State Attorney General’s Office. Its primary goal is to aid victims of hate crimes and monitor instances of bias.

“The Attorney General’s Office (AGO) must oversee hate crimes and bias incidents hotline (hotline) staffed during business hours, dedicated to assisting people who have been targeted or affected by hate crimes and bias incidents. The hotline must: provide appropriate victim-centered, culturally competent, and trauma-informed information and referral;  be as accessible to as many residents of Washington as is practical within appropriations, regardless of language proficiency,” the final bill reads.

According to the bill, “Bias incident means a person’s hostile expression of animus toward another person, relating to the other person’s actual or perceived race, color, ethnicity, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability. A bias incident is deemed to be non-criminal in nature and does not include expressions of support for or opposition to a government’s policies or actions protected under free speech.”

Critics of the bill, including Rep. Cyndy Jacobsen (R-Puyallup) and Rep. Jim Walsh (R-Aberdeen), contend that the proposed legislation may violate free speech rights by focusing on controlling thoughts and words rather than behaviors.

They express apprehension about the subjective nature of identifying motives and the repercussions of reporting individuals for perceived biased incidents.

Liberty Nation reported:

To be clear, this isn’t merely about going after people who have allegedly committed physical “hate crimes.” It also targets reported instances of “a person’s hostile expression of animus toward another person, relating to the other person’s actual or perceived characteristics…” Literally, the hotline gives people a way of informing on others supposedly guilty of thought crimes – or, perhaps, speech crimes.

The bill, as passed, does make it clear that these “bias incidents” do not include “expressions of opposition or support for the actions or policies of a foreign or domestic government protected under free speech.” So, sure, one is still free to criticize an elected official, but express any opinion someone else decides is aimed at an individual because of that person’s “actual or perceived characteristics” and one could find oneself in the AG’s crosshairs.

It is easy to see, then, that any expression of opposition to, say, transgender ideology, would get someone reported to the hotline. Free speech – at least in the three Washington counties to which this program will initially be rolled out – appears under threat. If one cannot say anything that another person of a different race, sex, religion, or sexual orientation finds offensive in some way without being reported to the attorney general’s office, then one no longer enjoys the constitutionally protected right to freedom of speech.

Supporters of the bill might argue that this isn’t the US Congress making a law that restricts free speech, so it can’t be unconstitutional. The Washington Constitution, however, also protects free speech. Article I, Section 5: “Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.”

Getting away from the sheer creepiness of people being reported to the authorities for merely expressing an opinion, Rep. Cyndy Jacobsen (R-Puyallup) succinctly pointed out the ominous flaw in this bill. “I think it’s difficult to put things into law which look at the intent of people rather than the actions that they take,” she said. Rep. Jim Walsh (R-Aberdeen) agrees, saying: “If a crime is a crime, if someone has been assaulted, if property has been damaged, then the proper recourse is to contact law enforcement and pursue a remedy, pursue justice in that way.”

The bill garnered robust backing in the legislative body, securing final approval with a vote of 30-18 in the Senate and 56-39 in the House.

Currently awaiting the governor’s signature, the bill is slated to become effective on January 1, 2025.

It includes plans for initiating a pilot hotline program in specific counties by July 1, 2025, followed by statewide implementation by January 1, 2027.

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