>>>One of the problems is that there is a First Amendment consideration. Insofar as the crime is symbolic, the symbolism itself cannot be criminalized, however offensive, under current Free Speech doctrine. Only elements of the crime divorced from symbolism can be prosecuted, such as vandalism or harassment. Thus, in certain instances where I might agree to a hate crime law, such as cross burning on someone's front lawn, it is actually unconstitutional to punish the symbolism. Now, if we get more conservatives on the Supreme Court, perhaps such absurdities can be remedied, and we can prosecute symbolic actions that are unnecessary to purveying a point of view, such as cross burning and flag burning........<<<
You're plain wrong. Prosecuting the symbolism in cross burning is quite constitutional. Cross burning is a violation of Civil Rights.
usdoj.gov
...The three count indictment, handed down today in U.S.
District Court in Indianapolis, charges Stephen J. Hartbarger, 26 Lonnie R. Hartbarger, 21, and Phillip W. Lafary, 31, all of Indianapolis, with violating federal criminal civil rights laws. According to the indictment, the three conspired to burn a cross in front of a trailer in the Lake of the Lanterns trailer park because it was occupied by a mixed-race family...
...The indictment alleged that on October 12, 1994, the three men burned a cross at the home belonging to Wilbur and Lisa Burton and their three children, ages two, five, and six at the time. The defendants allegedly constructed the wooden cross at Lafary's house, transported it to the Burton home, and set itafire...
...Count one of the indictment charges the three with
conspiring to violate the victims' civil rights, count two
charges the defendants with using force or threats against
individuals exercising their right to occupy a dwelling, and
count three charges the four with using fire to commit a felony... |
