Free Republic 1st Qtr 2026 Fundraising Target: $81,000 Receipts & Pledges to-date: $23,100
28%  
Woo hoo!! And now only $390 to reach 29%!! Thank you all very much!! God bless.

Keyword: eugeunevolokh

Brevity: Headers | « Text »
  • Can a Fighting Words Charge Lead to a Higher Sentence Because of the Defendant's Racial Motivation?

    04/16/2021 6:37:57 PM PDT · by nickcarraway · 17 replies
    Reason ^ | 1.4.2021 | Eugeune Volokh
    Yes, the Ohio Court of Appeals held Thursday.? "Fighting words"—face-to-face personal insults that are likely to start a fight—are generally constitutionally unprotected, and can be criminally punished (usually under disorderly conduct statutes). But in R.A.V. v. City of St. Paul (1992), the Supreme Court struck down a statute that imposed heightened punishment on those "fighting words" that "arouse[] anger, alarm or resentment in others on the basis of race": Even when some speech (e.g., fighting words, libel, obscenity, etc.) is constitutionally unprotected, the law can't selectively impose extra punishment on unprotected speech that, say, expresses racist views. Yet in Wisconsin...