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In the late s, many states and localities passed laws against hate crimes. These laws defined the types of acts that constituted hate crimes and provided criminal penalties for them. St. Paul, Minnesota, was one of many cities to pass such a law. This city's ordinance read as follows: Whoever places on public or private property a symbol... or graffiti, including but not limited to a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm, or resentment in others on the basis of race, color, creed, religion, or gender, commits disorderly conduct and shall be guilty of a misdemeanor.
Russell and Laura Jones and their five children were an African American family who had just moved into a mostly white St. Paul neighborhood. Late one night they were awakened by noise outside their bedroom window. When they parted the curtains, they saw a cross burning on their front lawn. St. Paul police arrested an -year-old white male. He was prosecuted and convicted under the local ordinance described above.
When interviewed by a national newspaper, the lawyer for the defendant stated that, "Everybody's gotten real thin-skinned lately, and I'm defending the right to express yourself in that kind of climate... With an ordinance like this, you open up a doctrine that swallows the First Amendment." What did the defendant's lawyer mean by these comments? Do you agree or disagree with these comments? Give the reasons for your answers.
Solution
VerifiedI could partly agree with the lawyer's statement because excessive legal restrictions on freedom of speech and expression can certainly make this right meaningless and turn the First Amendment into a "dead letter on paper" that has no practical significance other than symbolism.
Excessive restrictions on freedom of speech and expression are very detrimental to the democratic process itself, as it will necessarily lead to a kind of "oratorical apathy" and a lack of desire to express opinions.
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