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July 03, 1992 - Image 19

Resource type:
Text
Publication:
The Detroit Jewish News, 1992-07-03

Disclaimer: Computer generated plain text may have errors. Read more about this.

immilmi DETROIT I

Fri., Sat., Sun. Only!

Hate Ruling:
No Effect Here

I ,

-JENNIFER FINER

Jewish News Intern

L

ast week's U.S.
Supreme Court ruling
reversing a St. Paul,
Minn., hate crime law is not
/ _expected to lead to an in-
crease in activities by local
hate groups.
In a 9-0 decision, the
Supreme Court called the St.
Paul ordinance too broad be-
cause it outlawed any verbal
expression of hatred. The
court indicated that hateful
beliefs are not considered
unconstitutional, but the il-
legal acts that may accom-
pany the hate are unlawful.
The St. Paul case involved
.. the burning of a cross on the
property of the only black
family in the community.
Under the now-unconstitu-
tional St. Paul ordinance,
"The displaying of any action
that could arouse anger,
alarm, or resentment, based
on race, gender, or religion,"
is prohibited.
Michigan residents are
protected in part from hate
crimes by the Ethnic In-
timidation Statute. Under
.the statute, racially
motivated crimes carry an
extra two-year prison term
and fine, plus they allow the
victim to sue for three times
the actual damages and re-
cover attorney fees and court
costs from the defendant.
The statute is expected to
c remain intact, according to
Sen. David Honigman, au-
thor of the Michigan version
of the Ethnic Intimidation
Statute.

"If you look at all the ar-.
rests made under the Ethnic
Q Intimidation Act, you will
find that the actions have
been done by individuals,
not organized hate groups,"
said Richard Lobenthal,
Michigan regional director
for the Anti-Defamation
.League. "Neo-Nazi skinhead
activity has declined since
the passage of the bill."
Michigan's ethnic in-
' timidation act differs from
the Minnesota law in that
"you have to prove all the
_elements in the underlying
crime, plus you must show
the presence of racial or eth-
nic motivation," Mr.
Honigman said of the state's
4-year-old statute.
"However offensive speech
-is, we allow people to say
what they want," he added.
"If they translate their
hatefulness into conduct,
then it's against the law."0

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