Here is a press release from the Anti-Defamation League.
ADL Urges Supreme Court to Take Hate Crimes Cases
To: National Desk
Contact: Bonnie Mitelman, 212-490-2525, ext. 474; or
Steve M. Freeman, 212-490-2525, ext. 113,
both of the Anti-Defamation League
NEW YORK, Nov. 9 -- The Anti-Defamation League (ADL) has
filed a brief urging the U.S. Supreme Court to take two hate crimes
cases and overturn state court decisions striking down legislation
based on an ADL model statute.
Organizations joining the league's initiative as cosigners include
the U.S. Conference of Mayors, Fraternal Order of Police, National
Organization of Black Law Enforcement Executives and Southern Poverty
Law Center.
"When criminal actions are prompted by demonstrated bigotry," said
Melvin Salberg, ADL national chairman, "we believe they should be
punished with enhanced penalties. ADL developed model hate crimes
legislation based on this concept, which punishes criminal conduct,
not hate speech. More than half of the states now have legislation
based on or similar to our model.
"Recent state Supreme Court decisions in Wisconsin and Ohio," he
continued, "as well as the U.S. Supreme Court's decision last term
in RAV vs. St. Paul, have caused confusion and doubt about the
constitutionality of hate crimes laws just at a time when tension and
unrest are rising among various groups in our society. The present
situation is intolerable and must be rectified."
According to Ruth Lansner, ADL National Legal Affairs Committee
chair, if the court takes the cases, it could remedy three major,
negative consequences of the RAV decision:
1) the potential derailment of hate crime legislation across the
country -- because of misinterpretations of RAV and other decisions
by the Supreme Courts of Wisconsin and Ohio, the people in these
states have been deprived of an essential weapon in the fight against
racial and ethnic violence;
2) the perception that the nation's anti-discrimination laws may
be unconstitutional -- like hate crimes laws, anti-discrimination
laws are concerned with the intentional selection of a victim because
of race, religion, ethnicity or sexual orientation, and some may
believe RAV renders these questionable, too;
3) the conflict that exists now between several states on an
interpretation of the First Amendment to the U.S. Constitution as it
applies to hate crimes legislation -- Oregon's Supreme Court recently
reached a result diametrically opposed to Wisconsin and Ohio, and the
conflicts extend to the lower courts in at least half a dozen other
states.
"ADL is acutely aware," said Salberg, "that the war against racial
hatred and religious intolerance must be waged in a manner that
neither threatens nor impinges upon First Amendment freedoms. We
hope the court will recognize that ADL model hate crimes legislation
is a vital, constitutional weapon in the fight against ethnic
intolerance and racist violence."
Other co-signers include:
American Jewish Congress
Center for Women Policy Studies
Human Rights Campaign Fund
National Council of Jewish Women
National Gay and Lesbian Task Force
National Institute Against Prejudice and Violence
National Jewish Community Relations Advisory Council
Organization of Chinese Americans
Police Executive Research Forum
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