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More Hate Crme Laws Hit the Books

By Walin & Klarich

Much has been written regarding ?hate crime? laws and whether enactment of such laws is appropriate or even consistent with the US Constitution. While, on the one hand, crimes committed in the name of ?hate? cannot be condoned in a free society, on the other hand, as US Supreme Court Justice Robert Jackson noted: ?"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642 (1943). Apparently New York State is the most recent state to enact a ?hate crime? law, which actually represents an expansion of existing New York State ?hate crime? legislation...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 30, 2008 (boomark / email).