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Hate Crimes: The Importance of Lady Justice?s Blindfold

By Alliance Alert

In Europe, where citizens lack the protection of a First Amendment, hate crime legislation is used to punish citizens for the expression of negative opinions concerning minority groups. In Europe the concept of hate crimes make sense because hate crimes are crimes of opinion and sentiment. Unlike America, Europe criminalizes opinions and sentiments. However, in the United States, with its First Amendment, it is difficult to see what purpose hate crime legislation can serve. The Matthew Shepard Act contains a ?Rule of Construction? explicitly stating that ?Nothing in this Act... shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution.?

Full post as published by Constitutionally Correct on January 28, 2009 (boomark / email).