"Hate crime" prosecution for flushing Koran down a toilet

[matthewhpolsci at aol.com]

The posts by Steven Jamar and by Robert Sheridan make serious arguments.? They allow me to ask, "what should the prosecutor do now?"?? The man has been arrested. but that presumably was a police action.?? Who charged him?? I can't tell, but perhaps someone can.? At some point, he will go to trial, unless somebody decides to cut the action off before trial.



On the facts and law now known, what should the prosecutor do in accord with the constitutional issue that Volokh raised?? Is there any room for debate as to what the prosecutor should do? 

Is that what the prosecutor will do?





Matthew Holden, Jr.
Henry L. and Grace M. Doherty Professor Emeritus of Politics, University of Virginia

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-----Original Message-----
From: Steven Jamar <stevenjamar at gmail.com>
To: conlawprof at lists.ucla.edu
Sent: Sat, 28 Jul 2007 5:59 pm
Subject: Re: "Hate crime" prosecution for flushing Koran down a toilet


Can motive ever make an otherwise legal act illegal?? Sure. The hammer, screwdrivers, wrenches, and other tools I carry in my car can suddenly become "burglary tools" if used in a certain way or if carried with the intent to use them in that way. 

Killing someone by accident is different from doing so with intent or malice.

Why would a motive of hate not be an acceptable one to consider in intent or severity of a crime?

If we limit certain kinds of speech on the basis of the content of the speech and of the intent and circumstances when made, why not conceptually include hate speech as one of the circumstances and intentions that changes what might otherwise be protected speech to unprotected? 

But, the problem with any such sort of speech limitation is that it can quickly and easily get out of hand both in the hands of legislators and in the hands of those enforcing it.

The abuse by law enforcement is a real and serious concern - even with the best of motives. 

This strikes me as a curious case for a hate crime per se on the theory that it seems to be brought.?? But it seems to me that one could make it a crime? to desecrate religious works either absolutely or contextually ( e.g., publicly).? It doesn't seem that this conduct is really covered by the statute, however.

What about Pace?? If this was a student, could it discipline him for this sort of disrespectful conduct?? Or must the conduct be targeting a particular individual?? Or can it be this sort of group disrespect?? Surely Pace or other private schools can require some minimal level of civil conduct.? 

Steve




-- 
Prof. Steven Jamar
Howard University School of Law 


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