Wisconsin v. Mitchell
Wisconsin v. Mitchell, 508 U.S. 476 (1993), was a case in which the United States Supreme Court held that enhanced penalties for racially-motivated crimes do not violate criminal defendants' First Amendment rights.[1] It was a landmark precedent pertaining to First Amendment free speech arguments for hate crime legislation.[2] In effect, the Court ruled that a state may consider whether a crime was committed or initially considered due to an intended victim's status in a protected class.[3]
| Wisconsin v. Mitchell | |
|---|---|
 | |
| Argued April 21, 1993 Decided June 11, 1993 | |
| Full case name | Wisconsin v. Todd Mitchell |
| Citations | 508 U.S. 476 (more) 113 S. Ct. 2194; 124 L. Ed. 2d 436; 1993 U.S. LEXIS 4024; 61 U.S.L.W. 4575; 21 Media L. Rep. 1520; 93 Cal. Daily Op. Service 4314; 93 Daily Journal DAR 7353 |
| Case history | |
| Prior | Defendant convicted, Kenosha County Circuit Court; affirmed, 473 N.W.2d 1 (Wis. App. 1991); reversed, 485 N.W.2d 807 (Wis. 1992); cert. granted, 506 U.S. 1033 (1992) |
| Subsequent | On remand, affirmed, 504 N.W.2d 610 (Wis. 1993) |
| Holding | |
| Enhanced sentencing for bias-motivated crimes does not violate a defendant's First Amendment rights. Wisconsin Supreme Court reversed and remanded. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Rehnquist, joined by unanimous |
| Laws applied | |
| U.S. Const. amend. I; Wis. Stat. § 939.645 | |
See also
- List of United States Supreme Court cases, volume 508
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
References
- Wisconsin v. Mitchell, 508 U.S. 476, 479 (1993).
- Tina M. Fielding Fryling, Constitutional Law in Criminal Justice 10 (2014).
- Thomas D. Brooks, First Amendment--Penalty Enhancement for Hate Crimes: Content Regulation, Questionable State Interests and Non-Traditional Sentencing, 84 J. Crim. L. & Criminology 703, 703 (1994).
External links
- Text of Wisconsin v. Mitchell, 508 U.S. 476 (1993) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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