Date: Tue Dec 02 14:48:40 1997
To: Frank Grose
From: Rob Weinberg
Subject: Hate Crimes Part II
What IS IT with that Weinberg guy?! You ask for a simple comment and you get a lesson in Hegelian dialectic plus a law school takehome exam!!! ; )
Just thought if you were interested in the U.S. Supreme Court's strict scrutiny of the free speech issue applied to hate crimes you'd like to read it yourself. Check out R.A.V. v. City of St. Paul, 505 U.S. 377 (1992) which you can find at http://supct.law.cornell.edu/supct/html/90-7675.ZS.html.
In that case the Supreme Court stuck down a hate crime law because it was not "narrowly tailored" (a legal buzz phrase) to the objective.
It's the most recent pronouncement on the subject, and any hate crime legislation we see is going to have to use that case as a measuring stick. Tough cases to prove because of the first amendment implications. With interpretations from the Supreme Court like we have, Reese's fears are unfounded.
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