Legal Opinion

People v. Joshua H.

California Court of Appeal

Decided March 8, 1993No. H008944PublishedCited by 22 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

COTTLE, P. J.

I

Introduction

In the published portion of this opinion, we are asked to determine whether California’s “hate crime” statute 1 violates the First Amendment. Similar statutes in Wisconsin and Ohio were declared unconstitutional by their respective supreme courts. 2 As we shall explain, we disagree with those decisions. Hate crime statutes do not run afoul of the First Amendment because they do not proscribe expression. Rather, they proscribe an especially egregious type of conduct—that of selecting crime victims on the basis of race, color, religion, ancestry, national…

2Cases cited29 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Roth v. United StatesSupreme Court of the United States · 1957
  4. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  5. Chaplinsky v. New HampshireSupreme Court of the United States · 1942

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3Cited by22 opinions

  1. People v. M.S.California Supreme Court · 1995
  2. State v. MortimerSupreme Court of New Jersey · 1994
  3. State v. TalleyWashington Supreme Court · 2005
  4. Stamps v. Superior CourtCalifornia Court of Appeal · 2006
  5. Bay Area Rapid Transit District v. Superior CourtCalifornia Court of Appeal · 1995

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