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ADL Files Brief
On Constitutionality
New York — The Anti-
Defamation League has filed
a friend-of-the-court brief urg-
ing the U.S. Supreme Court to
uphold the constitutionality
of a St. Paul, Minn., hate
crime statute.
The case R.A.V. v. St. Paul,
involves a First Amendment
challenge to the St. Paul or-
dinace by a teen-age boy who
burned a cross on the private
property of a black family in
a primarily white neighbor-
hood. He contends that the or-
dinance would punish him for
expressing "an idea."
ADlis brief disagrees with
his interpretation, asserting
that "a municipality may pro-
hibit cross burning when the
act is a bias-motivated per-
sonal attack."
"Punishing hate crimes ad-
vances clear and compelling
public policy," said Melvin
Salberg, ADDs national chair-
man in announcing the
League's action.
ADEs brief acknowledges
that the statute as drafted
was constitutionally problem-
atic, but points out that the
Minnesota Supreme Court in-
terpreted it narrowly to cover
only "fighting words" or
"incitement to imminent
violence," neither of which is
protected by the First
Amendment.
Mr. Salberg said, "that or-
dinary citizens would be
unable to distinguish bet-
ween protected speech and
bias-motivated conduct which
is threatening, harassing, in-
timidating, or injurious is
totally lacking in credibility?'
The Anti-Defamation
League has long been in the
forefront of national efforts to
deter and to counteract hate-
motivated crimes. Almost
every state now has some
form of legislation to deal
with hate crimes, and more
than half of the states have
enacted laws based on or
similar to an ADL model
statute. The St. Paul or-
dinance, which differs from
ADL's model, is the first
challenged hate crime statute
to reach the Supreme Court.
AJC Clarification
On Judge Thomas
New York — The American
Jewish Congress will oppose
the nomination of Clarence
Thomas to the Supreme
Court, and urge the Senate to
refuse to confirm him,
"unless he forthrightly
declares himself on the
crucial issues," warned
Robert K. Lifton, president of
the organization,
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