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Advertising in The Jewish News Gets Results
Place Your Ad Today. Call 354-6060
Supreme Court Hears
Hate Crimes Case
Washington (JTA) — Jewish
groups expressed guarded
optimism this week about
the future outcome of a
Supreme Court case that
could affect the fate of hate
crimes statutes around the
country.
The court heard oral
argument in a case called
Wisconsin vs. Mitchell that
centers on the constitu-
tionality of Wisconsin's hate
crimes statute.
The statute, supported by
many Jewish groups, calls
for enhancing criminal
penalties when perpetrators
of crimes intentionally select
their targets based on "race,
religion, color, disability,
sexual orientation, national
origin or ancestry."
The Anti-Defamation
League is especially inter-
ested in the outcome of the
case, to be decided by the end
of the Supreme Court term
this summer, because the
Wisconsin statute is based
on model legislation de-
veloped by ADL that has
been used in more than 20
other states around the
country.
Last year, the high court
unanimously struck down a
St. Paul, Minn., ordinance
banning cross-burning and
other expressions of hate
and racism.
In the St. Paul case, four
justices concurred with
Justice Antonin Scalia's
opinion that the ordinance
was unconstitutional, while
four other justices indicated
that another type of hate
crimes law could be constitu-
tional.
Just a few days after that
decision, the Wisconsin
Supreme Court ruled that
the state's hate crimes law
was unconstitutional, saying
it violated the First
Amendment's guarantee of
free speech.
But Jewish groups, many
of which filed briefs in the
Wisconsin case, argue that
unlike the St. Paul or-
dinance, the Wisconsin law
enhances penalties for
crimes already committed
and does not penalize free
speech.
The Wisconsin case in-
volves a 1989 incident in
Kenosha, Wis., in which a
young black man, Todd Mit-
chell, and a group of younger
black teen-agers were
discussing a scene in the
film Mississippi Burning,
where a white man beats a
black child.
When a white teen,
Gregory Riddick, walked by,
Mr. Mitchell urged the
others to "go get" the "white
boy." They attacked Mr.
Riddick and beat him un-
conscious.
Mr. Mitchell was convicted
of aggravated battery, for
which he was sentenced to
two years in jail. He received
another two years for his
motive in selecting the vic-
tim. He appealed the addi-
tional sentence, claiming the
hate-crimes law penalized
free speech.
After the Supreme Court
heard the case, Jewish
groups expressed satisfac-
tion with the lines of ques-
tioning taken by some
justices, including Mr.
Scalia, who had taken a hard
line in the St. Paul case.
"It was pleasantly surpris-
ing," said Richard Foltin,
legislative director and
counsel for the American
Jewish Committee, which
filed a brief in support of
Wisconsin.
"They asked questions
that showed they understood
the difference between last
year's case and this year,"
Mr. Foltin said.
"I'm very pleased," said
Steven Freeman, director of
ADL's legal affairs depart-
ment. "There is reason for
optimism."
Mr. Freeman observed
that Mr. Scalia had com-
pared the Wisconsin law to
laws against treason, in a
way that indicated the
justice saw the statute's ap-
proach as legitimate. He
said it was clear that Mr.
Scalia sees a difference bet-
ween this case and the one in
St. Paul.
Mr. Scalia questioned Mr.
Mitchell's attorney, Lynn
Adelman, for several
minutes about the treason
issue, arguing that the
motive of perpetrators is rel-
evant in treason cases.
"Unless the motive is to help
the enemy," the justice said,
"it is not treason."
Mr. Adelman argued
throughout his half-hour ap-
pearance that the Wisconsin
case "punishes thought,"
thereby violating the First
Amendment.
But Wisconsin Attorney
General James Doyle argued
that his state was concerned
with Mr. Mitchell's motives,
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