4 ms·

> It's beyond me how the 'thought' element of a hate crime isn't protected political speech The courts of the US have literally always that freedom of speech i

• awinter-py 11y ago
  In Reed v Town of Gilbert we ruled that statutory limitations on free speech must pass scrict scrutiny. You can argue for a compelling state interest in increasing the term of punishment for a violent offender based on his opinions about race. But (1) it's hard to argue the state interest in longer prison terms and (2) it's really hard to prove hate, so there's an easy due process appeal here.