‘Going to Have a Bit of a Tough Time’: Attorney Says Shiloh Hendrix Might Evade Criminal Charges Because of Free Speech Rights as Calls for Prosecution Grow
As calls mount for criminal charges against a Minnesota woman who went viral for calling a Black child the N-word on a playground, one attorney believes that she might be able to bypass prosecution due to free speech protections.
Shiloh Hendrix has been swept up in a massive wave of backlash online for the last week over a viral video in which she’s seen boldly saying the N-word multiple times after calling a little Black boy the racial slur and accusing him of theft.
The video drew numerous demands from many people online that Hendrix be fired from her job and charged. More than 100 people recently gathered for a town hall in Rochester, Minnesota, where civic leaders also condemned the incident.
“At this time, we’re strongly recommending that the city attorney and or the county attorney explore every law on the books that can hold this woman accountable for what she did,” said NAACP Minnesota/Dakotas Area State Conference President Joel Franklin, according to KARE 11.
But filing charges might not come easily for local prosecutors.
“I think the prosecutor is going to have a bit of a tough time getting past first amendment issues, constitutional challenges,” Attorney Michael Schatz from Schatz Law Firm told KAALTV.
Another criminal defense attorney said the incident might warrant charges if there’s enough probable cause to determine that Hendrix’s actions amounted to behavior that threatened or endangered the child.
“The charges that would be brought by the city’s attorney’s office here would be based on personally abusive epithets that are inherently likely to produce violent reaction,” attorney Bill Murray said. “It’s being personally directed toward a child in an aggressive manner by an adult woman.”
Minnesota statutes spell out the conditions an incident must meet to qualify as “harassment,” and enhance penalties for the offense if someone targets a person because of race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability.
In cases motivated by bias, the person committing the offense can be charged with felony aggravated harassment.
Local authorities say they have completed an investigation and submitted their findings to the city prosecutor’s office for review. Local prosecutors have not released a decision on charging in the case.
In a statement, Rochester Police said: “The City of Rochester Police Department has completed an investigation into a disturbing video posted on social media. Findings have been submitted to the Rochester City Attorney’s Office for review and consideration for a charging decision. RPD takes all reports and allegations seriously and must thoroughly gather information to ensure due process. We recognize the behavior captured in the video has raised many concerns, and we appreciate the community’s patience during the investigation and moving forward.”
Hendrix launched a GiveSendGo fundraiser asking potential donors for money to relocate her family after she says her address and phone number were doxxed. The campaign has raised more than $750,000 as of May 8, and has also drawn opposition online.
The Rochester NAACP issued an official statement from the parents of the young boy who suffered the racial abuse:
We, as the parents of the young boy, we demand that those responsible for this tragic event, the unimaginable pain that has affected our beloved child to be held fully accountable. Our child deserves justice and will not rest until it is served. We appeal to all members of our community, both locally and globally, to condemn violence and work together to stop it.
As the parents of the young boy, as we navigate the emotional, legal and medical challenges ahead, we are asking the public for financial support. These unexpected costs are significant and generosity will help us focus on what matters the most. Caring for our child and pursuant accountability. There are individuals who are attempting to benefit financially from this assault that happened to us.
We request the authorities to protect us and stop people from using our pain for profit. As a parent of the young boy at the park, our family safety is no longer guaranteed. We are becoming increasingly vulnerable as more people gain access to our private information, including where we live. We call on the public, the media and local authorities to respect our safety and privacy.
We are doing everything we can to secure our environment and shield our child from further trauma, but we cannot do it alone. Thank you for standing with our family. Your kindness and solidarity gives us strength and hope.