New Federal Hate Crime Statute Still Allows Free Speech, to the Extent Government Deems It Prudent

They've attached new hate crime categories and penalties to a military budget bill, trusting that Republicans won't vote against it, and if they do, they'll have ads taken out against them for doing so.

To make sure that Republicans were damned if they do, damned if they don't, our civil libertarians and First Amendment fans in the Democratic Party made sure they drafted the provisions as odiously and as unconstitutionally as humanly possible.

First, the committee -- controlled by majority Democrats, of course -- inserted the hate crimes measure into the House bill, where it had not been before. Then lawmakers made some crucial changes to Brownback's amendment. Where Brownback had insisted, and the full Senate had agreed, that the bill could not burden the exercise of First Amendment rights, the conference changed the wording to read that the bill could not burden the exercise of First Amendment rights "unless the government demonstrates ... a compelling governmental interest" to do otherwise.

That means your First Amendment rights are protected -- unless they're not.

posted by Ace at 06:37 PM

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