Experience

Charlie Hinkle has extensive experience in media law, constitutional and civil rights law, public records, election law, and appellate practice. Charlie has been lead counsel in many landmark decisions construing the Oregon Constitution in the areas of religious liberty, open courts, commercial speech, election law, and property rights. He has achieved important court victories for several different retailers in Oregon, Washington, California, Alaska, and Idaho regarding their right to limit public access to their property for expressive purposes. He is one of the most active and prominent cooperating attorneys for the American Civil Liberties Union in Oregon. He taught constitutional law and First Amendment courses at Lewis and Clark College Law School for many years, and is a frequent speaker on topics relating to those areas of the law.

Charlie was an instructor in English at Morehouse College, Atlanta, Georgia (1966-1967) and is an ordained minister, United Church of Christ.

Representative Work

Closed Courts

• Oregonian Pub. Co. v. O'Leary, 303 Or 297, 736 P2d 173 (1987) closed hearings in criminal trials violate Oregon Constitution.
• Oregonian Pub. Co. v. U.S. Dist. Court for Dist. of Oregon, 920 F2d 1462 (9th Cir 1990) – First Amendment requires access to plea bargains.
• State ex rel. Sports Management News v. Nachtigal, 324 Or 80, 921 P2d 1304 (1996) secret court authorized by Trade Secrets law violates Oregon Constitution.

Initiative and Referendum

• Kerr v. Bradbury, 193 Or App 304, 89 P3d 1227 (2004), vacated on mootness grounds, 340 Or 241, 131 P3d 737 (2006) – challenge to initiative petition based on full text requirement of Oregon Constitution.
• Lehman v. Bradbury, 333 Or 231, 37 P3d 989 (2002) successful "separate vote" challenge to term limits initiative.
• Stranahan v. Fred Meyer, Inc., 331 Or 38, 11 P3d 228 (2000) Oregon constitution does not require private retailer to allow initiative petitioning on store property.
• Waremart, Inc. v. Progressive Campaigns, Inc., 139 Wn2d 623, 989 P2d 524 (1999) Washington constitution does not require private retailer to allow initiative petitioning on store property.
• Waremart, Inc. v. Progressive Campaigns, Inc., 102 Cal Rptr2d 392 (Cal App 2000) California constitution does not require private retailer to allow initiative petitioning on store property.
• Kinney v. O'Connor, 139 Or App 75, 910 P2d 1161 (1996) ACLU attempt to block election on anti-gay rights initiative.
• Kinney v. O'Connor, 138 Or App 255, 907 P2d 257 (1995) ACLU attempt to block election on anti-gay rights initiative.
• Boytano v. Fritz, 321 Or 498, 901 P2d 835 (1995) ACLU attempt to block election on anti-gay rights initiative./li>

Death Penalty

• Bryant v. Thompson, 324 Or 141, 922 P2d 1219 (1996) challenge to Oregon's resumption of capital punishment.

Gay Rights

• Burton v. Cascade School Dist., 353 F Supp 254 (D Or 1973), aff'd, 512 F2d 850 (9th Cir 1975) termination of lesbian high school teacher; first gay rights case brought in Oregon).
• Merrick v. Board of Higher Education, 116 Or App 258, 841 P2d 646 (1992) constitutional challenge to Oregon's first anti-gay rights ballot measure./li>

Commercial Speech

• Moser v. Frohnmayer, 315 Or 372, 845 P2d 1284 (1993) established Oregon constitutional protection for commercial speech.
• Zackheim v. Forbes, 134 Or App 548, 895 P2d 793 (1995) lawyer advertising protected by Oregon Constitution.
• Moser v. F.C.C., 46 F3d 970 (9th Cir 1995) auto-dialing machines under Telephone Consumer Protection Act.
• Destination Ventures, Ltd. v. F.C.C., 46 F3d 54 (9th Cir 1995) unsolicited faxes under TCPA.

Religious Liberty

• Nakashima v. Oregon State Bd. of Educ., 344 Or 497, 185 P3d 429 (2008)-- Oregon statute requires school activities association to accommodate beliefs of Seventh-day Adventist students in scheduling high school tournaments.
• Kay v. David Douglas School Dist. No. 40, 79 Or App 384, 719 P2d 875 (1986), rev'd on mootness grounds, 303 Or 574, 738 P2d 1389 (1987) prayer at public high school graduation.
• Newport Church of Nazarene v. Hensley, 335 Or 1, 56 P3d 386 (2002) religious liberty; unemployment compensation for church minister.

Due Process

• Lee v. State of Or., 891 F Supp 1421, 1429 (D Or 1995), vacated 107 F3d 1382, cert den 522 US 927 (1997) defense of Oregon's "death with dignity" act).

Public Records and Meetings

• City of Portland v. Oregonian Pub. Co., 200 Or App 120, 112 P3d 457 (2005) – public access to internal investigation reports relating to police officer shooting of citizen.
• City of Portland v. Anderson, 163 Or App 550, 988 P2d 402 (1999) public access to Portland police bureau disciplinary records.
• Oregonian Pub. Co. v. Portland School Dist. No. 1J, 329 Or 393, 987 P2d 480 (1999) public access to school district employee records.
• Oregonian Pub. Co. v. Oregon State Bd. of Parole, 95 OrApp 501, 769 P2d 795 (1989) Parole Board subject to public meetings law.
• Laine v. City of Rockaway Beach, 134 Or App 655, 896 P2d 1219 (1995) volunteer fire department records.

Discrimination

• Powell v. Bunn, 341 Or 306, 142 P3d 1054 (2006) – challenge to Boy Scouts recruitment in public schools while excluding atheists from membership.
• Lahmann v. Grand Aerie of Fraternal Order of Eagles, 202 Or App 123, 121 P3d 671 (2005) -- public accommodations statute applied to fraternal organization.
• Hardie v. Legacy Health System, 167 Or App 425, 6 P3d 531 (2000) employment discrimination.

Eminent Domain

• Pacific Power and Light Co. v. Surprise Valley Electrification Corp., 985 F2d 573, 1993 WL 13373 (9th Cir 1993).
• Emerald People's Utility Dist. v. PacifiCorp, 100 Or App 79, 784 P2d 1112 (1990).

Ballot Titles Challenges

• Mabon v. Myers, 332 Or 633, 33 P3d 988 (2001) anti-abortion measure.
• Flanagan v. Myers, 332 Or 318, 30 P3d 408 (2001) access to private property for expressive purposes.
• Fidanque v. Myers, 330 Or 340, 999 P2d 1140 (2000) campaign finance reform measure.
• Rooney v. Kulongoski, 322 Or 77, 902 P2d 1177 (1995) anti-gay rights measures; separation of powers issues.

Libel

• Englert v. MacDonell, 2006 WL 1310498 (D Or 2006).
• Gardner v. Martino, 2005 WL 3465349, 33 Media L. Rep. 2541 (D Or 2005); affirmed on appeal by U.S. Court of Appeals for the Ninth Circuit (April 24, 2009).
• Overby v. Oregonian Pub. Co., Inc., 1995 WL 860298, 24 Media L. Rep. 1567 (D Or 1995).
• McIver v. Columbia Broadcasting System, 1993 WL 463197, 21 Media L. Rep. 1854 (D Or 1993), aff'd 70 F3d 120 (9th Cir 1995).
• Cooper v. Portland General Elec. Corp., 110 Or App 581, 824 P2d 1152 (1992).
• Hickey v. Capital Cities/ABC, Inc., 792 F Supp 1195 (D Or 1992), aff'd, 999 F2d 543 (9th Cir 1993).

Other

• Schnitzer Inv. Corp. v. Certain Underwriters at Lloyd's of London, 341 Or 128, 137 P3d 1282 (2006) – insurance coverage for environmental clean-up.
• McIntire v. Forbes, 322 Or 426, 909 P2d 846 (1996) single subject challenge to statute that provided funds for light rail.
• Estey v. MacKenzie Engineering Inc., 324 Or 372, 927 P2d 86 (1996) professional negligence; limitation of liability clause.
• Dabbs v. Silver Eagle Mfg. Co., Inc., 98 Or App 581, 779 P.2d 1104 (1989) choice of law in products liability case.
• Janoff v. Gentle Dental, P.C., 163 Or App 159, 986 P2d 1278 (1999) breach of employment contract.

Professional Honors & Activities

• Listed in Best Lawyers in America (First Amendment, Appellate Law categories)
• Only Oregon lawyer listed in Best Lawyers in America in the First Amendment category since inception of that category
• City Club of Portland Award ("for outstanding contribution to club and community")
• Tom McCall Award (for "significant contribution to freedom of information")
• Mayor's Human Rights Award
• "2008 Fighting Spirit Award," Basic Rights Oregon
• Wayne Morse "Roar of the Tiger" Award, Oregon Democratic Party
• E.B. MacNaughton Award, Oregon ACLU
• Ed Elliott Human Rights Award, Oregon Education Association
• Member, House of Delegates of the Oregon State Bar
• Former member, American Bar Association House of Delegates
• Fellow, American Bar Foundation
• Past member, Board of Governors, Oregon State Bar
• First chairman, Affirmative Action Program, Oregon State Bar (first such program instituted by any bar in the country)
• Past chair, Constitutional Law Section, Oregon State Bar
• Past chair, Civil Rights Committee, Oregon State Bar
• Past chair, Affirmative Action Committee, Oregon State Bar
• Served on Multnomah Bar Association Task Force on Indigent Defense

Presentations

• "Recent Developments in Free Speech Law," Oregon State Bar Continuing Legal Education seminars, Portland, November 2008, 2005, 2004, 2000
• "Should Judges Talk to the Press?" National Association of Women Judges Conference, Portland, Oregon, Oct. 2008
• "Civil Liberties and National Security in the Wake of 9/11," Oregon State Bar Convention, Sep. 2001; Pacific University, October 2001; Oregon Ethics Forum, Nov. 2001; Association of High School Social Studies Teachers, Feb. 2002; Gus Solomon Inn of Court, May 2002; West Willamette Women Democrats, Jan. 2003
• "The First Amendment in Cyberspace," Oregon State Bar Computer Law Seminar, Nov. 1998
• "Free Speech on the Internet," Oregon Library Conference, Apr. 2002
• "Religious Liberty Issues in Medical Treatment of Children," 22nd National Children's Law Conference, Portland, Oregon, Oct. 1999
• "We Should Retain Affirmative Action," Willamette University School of Law, Oct. 1998 (debate with University of Texas Law Professor Lino Graglia)

Civic Activities

• Past president, City Club of Portland
• Past president, ACLU of Oregon
• Past president, Oregon Ballet Council
• Past board member, Portland Baroque Orchestra
• Past board member, Young Audiences
• Past board member, Kendall Community Center (poverty assistance program)
• Past board member, Clackamas County Mental Health Association
• Past board member, Youth Progress Association

Publications

• Author, "Article I, Section 5: A Remnant of Prerevolutionary Oregon Constitutional Law," 85 Oregon Law Review 541, 2006
• Author, "Why Oregon Does Not Need a New Constitution," The Oregonian, Apr. 8, 2001
• Author, "Can Campaign Finance Reform Coexist with the First Amendment?", 25 Human Rights No. 1, American Bar Association, 1998
• Author, "The Religion Clauses," in The Oregon Constitution: A Survey, Oregon Law Institute, 1995
• Author, "Of Course the Constitution Protects Our Privacy," 51 Oregon State Bar Bulletin No. 5, Feb. 1991
• Author, "Freedom of Religion," Oregon Constitutional Law, Oregon State Bar, 1985

Education

• Yale Law School, J.D., 1971
• Union Theological Seminary, M.Div., 1968, cum laude
• Stanford University, B.A., 1964, with great distinction
  Phi Beta Kappa

Admissions

• Oregon

Print to word