Attorney Seeks Dismissal of Charges Against Rochester Woman in Viral Racist Video

Defense argues racial slurs are protected speech under the First Amendment.

Published on Feb. 27, 2026

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The defense attorney for Shiloh Hendrix has requested the court dismiss the disorderly conduct charges against her stemming from an incident last April where she was caught on camera calling a Black child, living with autism, racial slurs. The video went viral and garnered national attention. Hendrix's attorney, Brian Karalus, argues the charges violate the First Amendment and Minnesota Constitution's protections on free speech.

Why it matters

This case raises complex questions around the limits of free speech, particularly when it involves the use of offensive and discriminatory language. The outcome could set an important precedent on what types of speech are considered protected under the law.

The details

Following the viral video incident, Hendrix was charged with three misdemeanor counts of disorderly conduct. In his motion to dismiss the charges, Karalus argues that the "State alleges that Defendant committed disorderly conduct by calling another individual a racial slur" but "the complaint alleges no physical conduct, no threat of violence, no incitement, and no obstructive behavior- only speech." Karalus contends that while the language used may be offensive, the First Amendment does not permit criminal punishment unless the speech falls into a narrowly defined category of unprotected expression.

  • In April 2025, Hendrix was caught on camera making the racist remarks.
  • Hendrix was charged with three misdemeanor counts of disorderly conduct following the incident.
  • On Friday, Hendrix's attorney filed a motion to dismiss the charges.
  • Hendrix will appear for a pre-trial hearing at the end of March with her trial slated for April 13.

The players

Shiloh Hendrix

A Rochester, Minnesota resident who was caught on camera making racist remarks towards a Black child with autism.

Brian Karalus

The defense attorney representing Shiloh Hendrix, who is arguing the charges against his client violate her free speech rights.

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What they’re saying

“The State alleges that Defendant committed disorderly conduct by calling another individual a racial slur. The complaint alleges no physical conduct, no threat of violence, no incitement, and no obstructive behavior- only speech.”

— Brian Karalus, Defense Attorney (KTTC)

What’s next

The judge will rule on Karalus' motion to dismiss the charges against Hendrix at the pre-trial hearing at the end of March. If the motion is denied, Hendrix's trial is scheduled to begin on April 13.

The takeaway

This case highlights the ongoing debate over the limits of free speech, particularly when it involves the use of hateful and discriminatory language. The court's decision on whether to dismiss the charges against Hendrix could set an important precedent on what types of speech are considered protected under the First Amendment.