6 months in prison folowed by 12 months supervised release, too harsh?

Hunt
Mon, 21 Sep 2015 14:32:14 +0000

I may have missed it, but is there evidence aside from the guilty plea itself that this student intended to intimidate black students?

This case is interesting for a couple of reasons. First, unlike the Skokie march, the “speech” here was done anonymously, at night, with a symbol that (arguably) is physically threatening. But I’d argue that, on the other side, the message of such a noose is somewhat ambiguous. Does it mean that blacks should be lynched? Does it mean that blacks don’t belong at the university? Does it mean that James Meredith should not have been admitted? Some of these messages are more protected than others.

Let me point out that “hate speech” is protected speech under the First Amendment unless it fits into one of the exceptions, like an actual threat. This student could have stood up at a public forum and given a speech in which he declared that he believes black people are inferior, and that they should all be kicked out of the university and returned to bondage–and the university could not have legally punished him. It can’t punish ideas.

So to me, this case is a bit murky.