Hate Crimes Sentencing Enhancement Act of 1992: Hearing Before the Subcommittee on Crime and Criminal Justice of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, Second Session, on H.R. 4797 ... July 29, 1992U.S. Government Printing Office, 1992 - 214 páginas |
Dentro del libro
Resultados 1-5 de 49
Página 9
... harm inflicted by virtue of one of these characteristics , you have succeeded . So it is not at all the expression that is being pun- ished . There is a final set of first amendment arguments that I under- stand will be presented by the ...
... harm inflicted by virtue of one of these characteristics , you have succeeded . So it is not at all the expression that is being pun- ished . There is a final set of first amendment arguments that I under- stand will be presented by the ...
Página 33
... harm of bias crime , as you , Mr. Chairman , expressed earlier , is what justifies the in- creased penalty , then let the law be directed toward that harm , not toward the defendant's motives and thoughts . Bigotry is constitutionally ...
... harm of bias crime , as you , Mr. Chairman , expressed earlier , is what justifies the in- creased penalty , then let the law be directed toward that harm , not toward the defendant's motives and thoughts . Bigotry is constitutionally ...
Página 36
... harmful naturally leads us to listen sympathetically to appeals to make an exception even to our most precious and carefully guarded liberties . Nevertheless , handing over to government the power to determine that some viewpoints and ...
... harmful naturally leads us to listen sympathetically to appeals to make an exception even to our most precious and carefully guarded liberties . Nevertheless , handing over to government the power to determine that some viewpoints and ...
Página 37
... by the Court in R.A.V.5 The proponents of H.R. 4797 contend that the greater harm caused by bigotry - motivated crime justifies the additional punishment . The R.A.V. Court considered this argument , acknowledging 37.
... by the Court in R.A.V.5 The proponents of H.R. 4797 contend that the greater harm caused by bigotry - motivated crime justifies the additional punishment . The R.A.V. Court considered this argument , acknowledging 37.
Página 38
... harm of bias - related crime and the state's interest in recognizing and protecting particular vulnerabilities of groups who have historically been victimized . Nevertheless , even this compelling interest did not , said the Court ...
... harm of bias - related crime and the state's interest in recognizing and protecting particular vulnerabilities of groups who have historically been victimized . Nevertheless , even this compelling interest did not , said the Court ...
Otras ediciones - Ver todas
Términos y frases comunes
Abrams Aryan Brotherhood Barclay basis believe bias crime bias-motivated bigoted bigotry BRUCE FEIN burning Chairman Chaplinsky civil rights color committed compelling interest CONGRE CONGRESS THE LIBRARY constitutional constitutionally protected content-based Court held Crimes Sentencing Enhancement Dawson defendant defendant's discriminatory conduct distinction enhanced penalties enhancement law enhancement statute ethnic evidence expression Fein fighting words fighting words doctrine Floyd Abrams free speech Gellman guidelines harm hate crimes law Hate Crimes Sentencing hate crimes statute hate speech ideas invalid issue Jim Ramstad Justice Scalia legislation LIBRARY OF CONGRESS Minnesota Supreme Court Mitchell motivated by hatred national origin obscenity offense opinion Paul ordinance penalize penalty enhancement person prejudice problem prohibit proscribable protected speech punishment R.A.V. decision race racial hatred racist reason regulation S.Ct SCHUMER Sentencing Commission Sentencing Enhancement Act Smolla statement strict scrutiny subcommittee thought unconstitutional underlying victim viewpoint discrimination violate violence Wisconsin Supreme Court
Pasajes populares
Página 62 - These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Página 144 - If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable...
Página 162 - Whoever places on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm, or resentment in others, on the basis of race, color, creed, religion or gender...
Página 31 - Some of her answers might excite popular prejudice, but if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.
Página 40 - But freedom to differ is not limited to things that do not matter much That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order...
Página 196 - If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws...
Página 202 - District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if death results shall be subject to imprisonment for any term of years or for life.
Página 116 - ... fighting words" — those which by their very utterance Inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is outweighed by the social interest in order and morality.
Página 81 - ... truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." . . . We have sometimes said that these categories of expression are "not within the area of constitutionally protected speech" ... or that the "protection of the First Amendment does not extend
Página 96 - Because First Amendment freedoms need breathing space to survive, government may regulate in the area only with narrow specificity.