Nature of the Case
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Facts
P is a private corporation that operates a logging business. Ds are six members of 'Earth First!' Ds participated in a demonstration on a United States Forest Service logging road. Ds climbed on and chained themselves to, P's logging equipment. They made statements, sang songs, and chanted slogans. Ds did not have permission to be on, or otherwise to interfere with P's personal property. P's logging operation was suspended for most of a day. Ds were convicted of criminal mischief. Each was ordered to pay a fine of $250, sentenced to two weeks in jail, and to make full restitution to P. P sued Ds for trespass. P sought compensatory damages for lost revenues in the amount of $7,818.26, plus punitive damages of $50,000. Ds conceded liability for compensatory damages but disputed the amount. D asserted that the First and Fourteenth Amendments to the US Constitution and the State Constitution precluded the imposition of punitive damages. Ds did not request an instruction that would have limited the jury's consideration of punitive damages based on non-expressive conduct. P got the verdict for $5,717.34 in compensatory damages and $25,000 in punitive damages. The trial court denied Ds' motion for judgment notwithstanding the verdict on the claim for punitive damages. Ds appealed. Ds contend that, as a matter of law, no punitive damages are recoverable, because all their activity was 'expressive conduct' protected from an award of punitive damages by the state and federal constitutions.
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