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Through all the outrage and acrimony over the Jena, La., incidents, few have looked carefully at the law that may apply. Both Louisiana and federal law include "hate crimes" statutes, but there is a distinction between "hate crime" and "hate speech." Under Louisiana law, if a person commits certain offenses, it is a separate crime to select the victim because of race. The display of a racially offensive symbol is not such an offense. If it were, the provision would likely run afoul of the First Amendment.
November 26, 2007 at 12:00 AM
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