Wisconsin v. Mitchell

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No. 92-515

SUPREME COURT OF THE UNITED STATES

508 U.S. 476

Argued April 21, 1993

Decided June 11, 1993



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Syllabus

Pursuant to a Wisconsin statute, respondent Mitchell's sentence for aggravated battery was enhanced because he intentionally selected his victim on account of the victim's race. The State Court of Appeals rejected his challenge to the law's constitutionality, but the State Supreme Court reversed. Relying on R. A. V. v. St. Paul, 505 U.S. 476, it held that the statute violates the First Amendment by punishing what the legislature has deemed to be offensive thought and rejected the State's contention that the law punishes only the conduct of intentional victim selection. It also found that the statute was unconstitutionally overbroad because the evidentiary use of a defendant's prior speech would have a chilling effect on those who fear they may be prosecuted for offenses subject to penalty enhancement. Finally, it distinguished antidiscrimination laws, which have long been held constitutional, on the ground that they prohibit objective acts of discrimination, whereas the state statute punishes the subjective mental process.

On the evening of October 7, 1989, a group of young black men and boys, including Mitchell, gathered at an apartment [480] complex in Kenosha, Wisconsin. Several members of the group discussed a scene from the motion picture "Mississippi Burning," in which a white man beat a young black boy who was praying. The group moved outside and Mitchell asked them: " 'Do you all feel hyped up to move on some white people?' " Brief for Petitioner 4. Shortly thereafter, a young white boy approached the group on the opposite side of the street where they were standing. As the boy walked by, Mitchell said: " 'You all want to fuck somebody up? There goes a white boy; go get him.' " Id., at 4-5. Mitchell counted to three and pointed in the boy's direction. The group ran towards the boy, beat him severely, and stole his tennis shoes. The boy was rendered unconscious and remained in a coma for four days.

For the foregoing reasons, we hold that Mitchell's First Amendment rights were not violated by the application of the Wisconsin penalty-enhancement provision in sentencing him. The judgment of the Supreme Court of Wisconsin is therefore reversed, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

Quoted:
Can anyone provide evidence of ANY  'minority'that has been charged with a hate crime againta White?
A box of 855 to the first one to find it.