A Case of Legality vs. Morality

Hesseltine's Yard Display

Morality is not synonymous with legality. It is possible for something to be immoral without it being illegal; adultery, for instance, is frequently thought of as immoral but is not illegal on a federal level. The same concept can hold true for some forms of offensive speech. Potentially offensive and foolish, speech is protected by the First Amendment. However, speech can be limited if the speech poses an imminent threat of violence. Determining whether speech poses this threat is not always an easy task.

Donald Hesseltine, a resident of Davenport, Iowa, has recently received media and legal attention for his controversial lawn display. His front yard featured a mannequin gunning down snowmen dressed as Democrats. The mannequin is seen carrying a chainsaw, a can of Busch light, and an assault rife. The weapons are pointed towards snowmen wearing various Democratic attire. One snowman was knocked over and wearing a Bernie 2020 shirt with a pool of red-dyed snow surrounding it's head;  a pink sex toy was placed next to the snowman. Another snowman was wearing a blue hat that featured an image of the Democratic donkey. The body of the snowman was smeared with red dye.

Some claimed that Hesseltine's display was a form of hate speech and a hate crime. Chair of the Scott County Democrats and former state representative, Elesha Gayman, referred to the display as a "hate crime". Gayman went on to say, "It’s as bad as if someone burned a cross in someone’s yard. We have got to stop this. This is not the Wild West. We should be able to civilly disagree with one another, where you’re not displaying acts of murder on your front lawn".  Gayman, along with Mayor Mike Matson, called for local police to look into the matter. Matson also referred to the display as hate speech and claimed that it was "an embarrassment" to the city.

Others claimed that Hesseltine's disturbing display is protected by his First Amendment right to free speech. Hesseltine's neighbors disapprove of the violent display, but they recognize that offensive speech is protected in the United States. Alderwoman Marion Meginnis is representing Hesseltine's neighborhood and has shared her take on the issue. Meginnis stated, “It’s bad taste, unneighborly... If if does not violate a city ordinance, there is no action the city can take...We are a country that allows people to have opinions".

While free speech is generally protected by the First Amendment, there are exceptions to the rule. Speech that provides a threat of imminent violence is not protected in the United States. When asked if the display was intended to incite violence, Hesseltine replied "no way". Hesseltine claims that he has several friends who are Bernie Sanders supporters, and that he put up the display to "mess with them". The community of Davenport is still trying to sort out the issue.

I find this situation very complicated. There is no doubt that the display was immoral and disturbing. However, this does not mean that Hesseltine's actions are not protected speech. Hesseltine claims that the display was not meant to incite violence, but the display is still very violent in nature. Despite this, I am inclined to see Hesseltine's actions as protected speech. While I find the display disgusting, I think that our nation needs to be especially cautious in regulating what citizens can or cannot display on their own property.

An Article on Donald Hesseltine's Yard Display