ABSTRACT
In Wisconsin v. Mitchell, 508 US 476, the US Supreme Court held that a penalty-enhancement law that doubled the standard punishment for individuals who committed crimes based on their abstract beliefs was consistent with the free speech rights protected under the First Amendment to the US Constitution. The maximum penalty for aggravated battery in Wisconsin was two years. Because Mitchell intentionally selected his victim based on race, however, his sentence was increased to four years, according to the state's penalty-enhancement statute. The Court, moreover, rejected Mitchell's claim that the Wisconsin law had a "chilling effect" on free speech, which would prevent Mitchell's free and unobstructed flow of ideas. The Court noted that hate crimes were more likely to induce retaliatory measures by offended actors, which the state had a right to control under its police powers.
