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Politics : Al Gore vs George Bush: the moderate's perspective -- Ignore unavailable to you. Want to Upgrade?


To: long-gone who wrote (2919)10/17/2000 6:38:11 PM
From: epicure  Respond to of 10042
 
You can research the issue for yourself and answer your own questions. No there will be no special police- this is a prosecutorial decision. Hate speech is protected by the first amendment and remains protected so long as it does not actually incite violence- and this is a tough standard see:....................................................
Fighting words are not protected by the First Amendment. The Supreme Court defines such words as "those which by their very utterance
inflict injury or tend to incite an immediate breach of the peace." Where the speaker provokes imminent danger or uncontrolled violence, he or
she loses his First Amendment protection. Chaplinsky v. New Hampshire [315 U.S. 568, 1942]

......
Motive is deduced as it always is in criminal cases- by circumstantial evidence and confession. MANY crimes require motive- if we had to throw out crimes because motive is problematic, you'd be throwing out a lot more laws than hate crimes.