Eleanor Finch
On June 11, 1993, the Supreme Court of the United States ruled that hate crime laws are constitutional. The case, Wisconsin v. Mitchell, involved a violent racial assault by a group of young Black men, led by Todd Mitchell, against a white teenager. The Supreme Court's decision, authored by Chief Justice William H. Rehnquist, upheld hate crime laws in over half of the 50 states. The judgment allowed that bias-motivated crimes create greater harm not only to the victims but also to the health and welfare of the greater society.
| Characteristics | Values |
|---|---|
| Date of ruling | June 11, 1993 |
| Court | Supreme Court of the United States |
| Case | Wisconsin v. Mitchell |
| Decision | Hate crime laws are constitutional |
| Decision author | Chief Justice William H. Rehnquist |
| Decision rationale | Bias-motivated crimes create greater harm to victims and society |
| First Amendment defense | Rejected |
| Unanimous decision | Yes |
| Number of states with hate crime laws at the time | Over half of 50 states |
| Number of states with hate crime laws currently | 47 states and the District of Columbia |
| States without hate crime laws | Arkansas, South Carolina, and Wyoming |
| Protected characteristics | Race, religion, ethnicity, disability, sexual orientation, gender, transgender/gender identity, age, political affiliation, homelessness |
| Criminal penalties | Fines, imprisonment, or both |
| Criminal acts | Violence, intimidation, conspiracy, violation or deprivation of civil rights, "true threats" |
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What You'll Learn
- The Supreme Court's decision in Wisconsin, Petitioner v. Todd Mitchell, rejected the First Amendment defence
- Hate crime laws do not prevent or eliminate hate crimes, but they do impose harsher punishments
- Hate crimes are defined differently from state to state, but may include offences against victims for reasons of race, religion, gender, etc
- Hate speech is protected by the First Amendment, but hate crimes are specific criminal behaviours
- Hate crime laws in the United States: 47 states and the District of Columbia have statutes criminalising bias-motivated violence or intimidation
The Supreme Court's decision in Wisconsin, Petitioner v. Todd Mitchell, rejected the First Amendment defence
On June 11, 1993, the Supreme Court of the United States ruled that hate crime laws are not "constitutionally and morally unsound." The decision, Wisconsin, Petitioner v. Todd Mitchell, authored by Chief Justice William H. Rehnquist, upheld hate crime laws in over half of the 50 states. The case involved respondent Todd Mitchell, who was convicted of aggravated battery under a Wisconsin statute. His sentence was enhanced because he intentionally selected his victim based on their race.
Mitchell appealed his conviction and sentence, challenging the constitutionality of Wisconsin's penalty-enhancement provision on First Amendment grounds. He argued that the statute violated his First Amendment rights by punishing offensive thought and that it was unconstitutionally overbroad. The State Court of Appeals rejected his challenge, but the State Supreme Court reversed the decision, agreeing with Mitchell that the statute violated the First Amendment.
The Supreme Court's decision rejected the First Amendment defence, upholding the penalty-enhancement provision in Mitchell's sentencing. The Court held that the statute did not violate Mitchell's First Amendment rights, as it punished conduct and not speech. The Court further clarified that the statute punished the "because of" aspect of the defendant's selection, or the motive behind the selection, rather than the offensive thought itself. This distinction was critical in the Court's ruling, as it differentiated between unprotected conduct and protected speech.
The Supreme Court's decision in Wisconsin, Petitioner v. Todd Mitchell, set a precedent for upholding hate crime laws in the United States. By rejecting the First Amendment defence, the Court recognised the greater harm caused by bias-motivated crimes to both the victims and society as a whole. This ruling contributed to the ongoing evolution of hate crime legislation and its constitutional interpretation in the United States.
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Hate crime laws do not prevent or eliminate hate crimes, but they do impose harsher punishments
On June 11, 1993, the Supreme Court of the United States ruled that hate crime laws were constitutional. The case, Wisconsin v. Mitchell, involved a white victim, and the Court's decision rejected the First Amendment defense, focusing on unprotected conduct rather than speech. The judgment allowed that bias-motivated crimes create greater harm to both the victims and society as a whole. While this decision upheld hate crime laws in over half of the 50 states, it is important to note that hate crime laws do not inherently prevent or eliminate hate crimes, just as other criminal laws do not inherently prevent or eliminate crimes. Instead, they impose harsher punishments for crimes motivated by bias or hate.
Hate crime laws at the federal level include crimes committed based on the victim's perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. Most state hate crime laws include crimes based on race, color, and religion, with many also including sexual orientation, gender, and gender identity. These laws allow for harsher punishments for crimes motivated by bias, recognising the greater harm caused to victims and society.
For example, under Title I of the Civil Rights Act of 1968, individuals who "willfully injure, intimidate, or interfere with" someone due to their race, colour, religion, or national origin can face imprisonment of up to one year and/or a fine. If the crime involves bodily injury, the use of firearms, explosives, or fire, the prison term can increase to up to 10 years. In cases involving kidnapping, sexual assault, or murder, the punishment can be life imprisonment or even the death penalty.
While these laws impose harsher punishments, it is important to acknowledge the existence of a Hate Crimes Reporting Gap, which refers to the significant disparity between hate crimes that occur and those reported to law enforcement. Between 2004 and 2015, it is estimated that an average of 250,000 hate crimes occurred annually in the United States, the majority of which went unreported. This highlights the importance of encouraging hate crime reporting to support victims, send a clear message of intolerance for such crimes, and enable law enforcement to address and prevent future attacks.
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Hate crimes are defined differently from state to state, but may include offences against victims for reasons of race, religion, gender, etc
On June 11, 1993, the Supreme Court of the United States ruled that hate crime laws are constitutional. The case, Wisconsin v. Mitchell, involved a white victim, and the Court's decision rejected the First Amendment defence, pointing to unprotected conduct rather than speech. The judgment allowed that bias-motivated crimes create greater harm to both the victims and society as a whole.
Hate crimes are defined differently from state to state, but they generally include offences against victims for reasons of race, religion, gender, and other personal characteristics. For example, a crime may be considered a hate crime in one state but not in a neighbouring state. Most state hate crime laws include crimes committed on the basis of race, colour, and religion, and many also include crimes committed on the basis of sexual orientation, gender, gender identity, and disability.
At the federal level, a hate crime is a crime motivated by bias against race, colour, religion, national origin, sexual orientation, gender, gender identity, or disability. The "crime" in hate crime often refers to a violent crime, such as assault, murder, arson, vandalism, or threats to commit such crimes. It can also cover asking or conspiring with another person to commit these crimes, even if the crime was never carried out. Additionally, it is a crime to use or threaten to use force to interfere with a person's participation in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations.
While the Supreme Court's decision in 1993 provided a clear stance on the constitutionality of hate crime laws, the changing makeup of the courts may bring the issue before the Court again. The unanimity of the 1993 decision may serve as a cautionary brake on any future efforts to overthrow the law.
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Hate speech is protected by the First Amendment, but hate crimes are specific criminal behaviours
In the United States, hate speech is generally protected by the First Amendment, which upholds freedom of expression. The Supreme Court has repeatedly rejected government attempts to prohibit or punish hate speech, citing the need to protect "freedom for the thought that we hate". The Court has, however, identified narrow exceptions to the First Amendment, including speech that constitutes unlawful incitement, true threats, intimidation, or discriminatory harassment. These exceptions encompass some forms of hate speech, but only when they cause specific tangible harms.
While hate speech is largely protected, hate crimes are specific criminal behaviours that are illegal in most US states. Hate crimes are defined as overt acts of violence, violation of civil rights, or intimidation committed against a person or property, motivated by the offender's bias against a particular group. Examples of targeted groups include those based on race, religion, gender, sexual orientation, ethnicity, disability, or national origin.
The Supreme Court of the United States ruled in 1993 that hate crime laws are constitutional. In the case of Wisconsin v. Mitchell, the Court upheld hate crime legislation, rejecting a First Amendment defence and distinguishing between unprotected conduct and speech. This decision was unanimous, with every state filing a brief in favour of hate crime laws. The judgment recognised that bias-motivated crimes create greater harm not only to the victims but also to the wider society.
It is important to distinguish between hate speech and hate crimes. While hate speech may include expressions of vilification, humiliation, or incitement of hatred towards a group, it does not typically involve criminal activity. Hate crimes, on the other hand, involve specific criminal acts motivated by bias. As such, hate crimes are considered to have a greater impact on both the targeted individuals and the broader societal welfare.
The distinction between hate speech and hate crimes is critical in understanding their legal treatment. While hate speech is generally protected by the First Amendment, hate crimes are specific criminal behaviours that are prohibited and punished under US law. This differentiation ensures that freedom of expression is upheld while also addressing the unique harms caused by bias-motivated criminal acts.
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Hate crime laws in the United States: 47 states and the District of Columbia have statutes criminalising bias-motivated violence or intimidation
In the United States, 47 states and the District of Columbia have statutes criminalising bias-motivated violence or intimidation. The exceptions are Arkansas, South Carolina, and Wyoming. Each of these statutes covers bias on the basis of race, religion, and ethnicity; 34 cover disability; 34 cover sexual orientation; 30 cover gender; 24 cover transgender/gender identity; 14 cover age; 6 cover political affiliation; and 3, along with Washington, D.C., cover homelessness.
The Supreme Court's decision in Wisconsin, Petitioner v. Todd Mitchell, upheld hate crime laws in over half of the 50 states. The case involved a white victim, and the Supreme Court rejected the First Amendment defence, pointing to unprotected conduct rather than speech. The judgment allowed that bias-motivated crimes create greater harm to victims and the wider health and welfare of society.
The Civil Rights Act of 1968 permits the federal prosecution of anyone who "willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with... any person because of his race, colour, religion or national origin". People convicted of violating this law face fines or imprisonment of up to one year, or both. If bodily injury results or if acts of intimidation involve the use of firearms, explosives, or fire, individuals can receive prison terms of up to 10 years. Crimes involving kidnapping, sexual assault, or murder can be punishable by life imprisonment or the death penalty.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed in 2009, expanded existing federal hate crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. The Act also removed the prerequisite that the victim be engaged in a federally protected activity.
The Violent Crime Control and Law Enforcement Act, enacted in 1994, expanded the scope of required FBI data to include hate crimes based on disability, and the FBI began collecting data on disability bias crimes in 1997. The Campus Hate Crimes Right to Know Act of 1997 requires campus security authorities to collect and report data on hate crimes committed on the basis of race, gender, religion, sexual orientation, ethnicity, or disability.
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Frequently asked questions
Yes, on June 11, 1993, the Supreme Court of the United States ruled that hate crime laws are constitutional.
The case was Wisconsin, Petitioner v. Todd Mitchell, also known as Wisconsin v. Mitchell.
The Supreme Court upheld hate crime laws in over half of the 50 states. The decision rejected the First Amendment defense, pointing to unprotected conduct rather than speech.
