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Reason
Reason
Politics
Eugene Volokh

Hate Crime Hoax Could Be Constitutionally Unprotected True Threat

Photo from the indictment.

From today's decision by Judge Regina M. Rodriguez (D. Colo.) in U.S. v. Bernard:

Colorado Springs, Colorado, held an election for mayor …. CANDIDATE 1 [Yemi Mobolade -EV] is black and CANDIDATE 2 [Wayne W. Williams -EV] is white…. Defendants supported CANDIDATE 1. The Indictment alleges that the Defendants devised a plan to help CANDIDATE 1 win the runoff election. In the early morning hours [three weeks before the election], the Defendants defaced a political sign with CANDIDATE 1's name on it by using red spray paint to write the N-word on it. The Defendants then staged a burning cross in front of the sign and videotaped it.

Later that same day, the Defendants created a fake email account, posing as a concerned citizen, and sent the video, along with an email referring to hate crimes, to media outlets and CANDIDATE 1's campaign. {The email described what was depicted in the video—"To my surprise and disgust it was a cross on fire in front of running candidate's sign for Mayor. Looking past the flames I see it's Yemi Mobalade's sign with the word sprayed painted across in red 'NIGGER'!" The email also included language regarding hate-crime tactics used to harass and intimidate candidates and voters in elections.} According to Defendant Bernard, Defendants' actions were "specifically designed to generate voter outrage and support for a candidate" they actively backed….

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