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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, ( y (