rationale behind hate crimes

[Justin Schwartz]

Advocacy of illegal conduct can only be prohibited, consistewntly with the 
first amendment, if the harm is immanent. "Kill that kike!" (addressed to an 
angry mob) is punishable. "All the kike should be killed!" (in a leaflet) is 
not. See Brandenburg v. Ohio, a 1966 S.Ct case. --jks


>
>As I understand it, the advocacy of bigotry can fall under the encouraging
>crime laws, no?  Do the hate crime laws apply here?  If not, the 'hate
>crime' concept seems to be another diversion into psychology, as opposed to
>real crackdown on fascist groups and their sponsors.
>
>wojtek
>
>

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