LAWSO 1 10-18-07

LAWSO 1 - • Why Intent to Intimidate • The “intent” transforms speech into assault • So it is ok to prohibit hate speech if it is done in

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LWSO 1 October 18, 2007
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Law and Social Change What role does law play in contesting racist, sexist, and class-based structures and behavior?
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Legal Consciousness Before the Law With the Law Against the Law
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Before the Law 1 st Amendment Limiting speech would do more harm than good Respect for the system and what it currently dictates
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With the Law Instrumentalist Limiting speech is impractical Legal regulation would fail to rectify gender and race inequality
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Against the Law Distrust of authority Legal regulation is threatening to their personal interactions Legal regulation would be used against those it was intended to benefit
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US Sup Ct Decisions R.A.V. v City of St Paul Virginia v Black (2003) Virginia ordinance prohibiting cross burning is NOT a violation of the 1 st Amendment.
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Unformatted text preview: • Why? Intent to Intimidate • The “intent” transforms speech into assault • So, it is ok to prohibit hate speech if it is done in a manner that restricts only the kind of speech that it is meant to intimidate. Hate Crimes • Definition – any of a variety of crimes when motivated by hostility to the victim as a member of a group. • Which groups? • 1985 the term is introduced into legislation at the federal level with the FBI’s collection of hate crime statistics Current hate crimes law • 1999 Hate Crimes Prevention Act • It is only a hate crime if the crime was motivated by race, religion, national origin, or color. • In addition, the assailant must intend to prevent the victim from exercising a federally protected right....
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This note was uploaded on 03/05/2009 for the course LAWSO 1 taught by Professor Spearit during the Fall '07 term at UCSB.

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LAWSO 1 - • Why Intent to Intimidate • The “intent” transforms speech into assault • So it is ok to prohibit hate speech if it is done in

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